Strategies, Challenges, and Answers

A Witness Not Timely Disclosed Cannot Be Used At Trial Unless The Failure To Disclose Is Substantially Justified

Gidget Swanson claimed injury from a motor vehicle accident.  She said that a red car hit her from behind and pushed her into the car ahead of her.  She said that the red car drove away and was never identified.  She presented an uninsured motorist claim to her auto insurance company Acuity.  The claim was not resolved and went to trial.  

At trial, a jury found Acuity liable for compensatory damages in the amount of $150,000.  The jury said that Acuity had breached its contract with Ms. Swanson, that it had breached its covenant of good faith and fair dealing and that it had violated Nevada’s Unfair Claims Practices Act, NRS 686A.310(1). The jury also found that Acuity acted with oppression, fraud or malice with respect to its handling of the claim.  

During the punitive damages phase of the trial, Plaintiff’s attorney called as a witness an attorney from its office.  That attorney was first identified as a witness the night before trial.  Acuity objected on numerous grounds, but the attorney was allowed to testify, without giving Acuity the requested opportunity to take the deposition of the attorney.  

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Happy New Year!

May 2024 bring new opportunities, success at every step and countless reasons to celebrate! We wish you health and prosperity in the coming year and beyond. Happy New Year! … [Continue reading]

Season’s Greetings

I really enjoy this time of year.  It means that I get to spend more time with my family and splurge eating some foods that I would otherwise shun. I hope that all of the readers of the Nevada Law Blogs will also be sipping something warm, eating … [Continue reading]

Nevada Is Not A Direct Action State

In October 2017, Ronald Law was involved in a motor vehicle accident.  In June 2021, he filed a Complaint and then an Amended Complaint against Progressive (the tortfeasor’s insurer) and against Progressive’s adjuster.  The Complaint alleged: … [Continue reading]

The Consequences Of A Proposed Detention Solution

The word “detention” may remind you of your years in school.  If I say “detention” does it remind you of the movie “The Breakfast Club” where a group of crazy teens were sentenced to detention together?   When it comes to truck drivers, detention … [Continue reading]