News : Nevada Supreme Court Affirms Defense Verdict In Favor of Firm Client!

NEVADA SUPREME COURT AFFIRMS DEFENSE VERDICT IN FAVOR OF FIRM CLIENT!


The Nevada Supreme Court recently affirmed a defense verdict in favor of a Firm client in a case involving a trailer rental.

In this case, plaintiffs rented a trailer from the Firm's equipment rental company client. At the time of rental, plaintiffs stated to the rental company representative that they wanted to rent the trailer to haul bales of hay. The representative rented the trailer to plaintiffs, with a specific warning not to use the trailer to haul other items, including gravel.

Plaintiffs rented the trailer and successfully hauled the hay. Afterwards, however, they attempted to use the trailer to haul a load of gravel (against the advice of the rental company representative).

Plaintiffs loaded the gravel in such a manner that the weight of the gravel was concentrated entirely in the back of the trailer. Tragically, as they were driving, their vehicle overturned - killing the driver and injuring the driver's wife who was in the passenger seat.

As a result of the accident, the decedent's wife and their two children brought a products liability action against the Firm's rental company client and its owner, claiming that the trailer was defective. Plaintiffs sought damages for wrongful death, personal injuries suffered by the passenger/wife, and also made a claim for exemplary damages.

Prior to trial, defendants made a six figure Offer of Judgment to plaintiffs, which was rejected out-of-hand. The case proceeded to trial in January of 2006, with a multi-million dollar exposure given the wrongful death claim.

After a full trial by jury, the Firm's rental company client and its owner were awarded a complete defense verdict!


Plaintiffs appealed and, on January 30, 2008, the Nevada Supreme Court affirmed the jury's original verdict.

Litigator Jon Blum of the Firm's Las Vegas office handled the Appeal in this high exposure wrongful death case. If you would like more information about how we can help you with exposure reduction, please contact Mr. Blum at (702) 562-3301.



Related Practice Area(s):
Business and Intellectual Property Law
General Litigation
Transportation Law

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