November 2010 Archives

November 30, 2010

Employers can be liable for employee's actions

On November 24, 2010, one of our Las Vegas attorneys appeared in Nevada District Court to argue a case against an employer who had filed a motion to dismiss the employer from the case based on the employee's actions. In the case, the employee had allegedly attacked our firm's client in an argument at a work function. Our client sued the employee as well as the employer. The employer moved to dismiss the case arguing that its employee's act of attacking our client was not in the course and scope of the employee's employment.

The Nevada Supreme Court has long held: The principal is liable for the acts and negligence of the agent in the course of his employment, although he did not authorize or did not know of the acts complained of. So long as he stands in the relations of principal or master to the wrongdoer, the owner is responsible for his acts. Forrester v. Southern Pac. Co., 134 P. 753, 763 (Nev. 1913). In addition, the Nevada Supreme Court also adopted the rule that a corporation is liable for the acts of its agents, in tort, in the course of its business and of their employment.

The Judge ruled that the employer's motion to dismiss was denied in our case. Therefore, our client can go forward with his lawsuit against the employer.

If you believe that you have a case against an employer based on an employee's wrongful actions, please do not hesitate to give us a call for a no-fee consultation.

November 8, 2010

Car Accident Kills Henderson, Nevada Woman

A Henderson, Nevada woman was tragically killed when the car she was a passenger in crashed into an embankment. The driver of the vehicle was allegedly intoxicated. The victim who passed away, Shanna LePelusa, was only twenty-eight years old.

The attorneys and staff at Parker Scheer Lagomarsino all live in Las Vegas or Henderson, Nevada. We mourn the loss of any member of the community, especially one this young.

Any car accident where alcohol is involved raises many questions. Did intoxication cause the accident? Were there other factors like the design of the road, lighting, or third party drivers? How does a family get justice after a car accident where someone dies. No amount of money can replace the loss of a human life.

Our office is experienced in helping families of car accident victims through this terrible and confusing process. While we handle car accidents of all kinds, death cases require additional attention.

Most likely, a probate case will have to be opened. Our probate staff is experienced in navigating the legal maze that arises after such an unbelievable tragedy,

We also have extensive contacts in the Las Vegas community for non-legal referrals. Many times, it is advisable for family and friends of the deceased to receive counselling or other mental help. Regardless of whether we are retained as legal counsel, we will certainly refer to qualified mental health professionals.

As always, we recommend that our clients never drink and drive or get in the car with someone who is impaired.

November 5, 2010

Do You Have A Sexual Harassment Case? Only If You Preserve The Evidence

SAMPLE SEXUAL HARASSMENT CASE

Haylie works at a gaming company in Las Vegas, Nevada. Her co-worker, Fred, starts to make inappropriate sexual comments to her on a regular basis. Haylie tells Fred to stop, but he kept making the comments over and over. Fred isn't stupid though. He only makes the comments when nobody else is around.

Haylie then sends Fred a text message telling him, "Fred, you are really making me feel uncomfortable. Your comments need to stop." Fred texts back, "You know you like it." Haylie saved the text. Fred sends several more inappropriately harassing messages to Haylie.

Haylie smartly went to her human resources department and reported Fred for sexual harassment. The Human Resources Director did nothing about it.

Fred continues to harass Haylie. Haylie decides to record freaky Fred on her phone. (In Nevada, recording another party to the conversation is legal, as long as the conversation is in person and the person doing the recording is a party to the conversation). On the recording, Fred is heard saying, "I really want you. I won't give up, no matter what you say." Haylie responds, "You need to stop." Fred then grabs Haylie inappropriately.

Haylie continues to work at the Nevada-based gaming company, Fred continues to harass Haylie. Eventually, Haylie gets a new phone, and saves the old phone at her house. Unfortunately, Haylie's 2 year old child gets a hold of the phone, and drops it in the toilet. Gone is the recording, gone are the text messages.The only evidence Haylie has is that she went to Human Resources.

Haylie should have placed the telephone in a secure area to ensure preservation of the evidence. The case is now much tougher, because, essentially, Haylie has only a fraction of the documentation for the jury.

OUR OFFICE

The lawyers at the Las Vegas office of Parker Scheer Lagomarsino repeatedly advise their sexual harassment clients to save all of the evidence. Save Facebook and Myspace postings, e-mails, texts and recordings. These are the lifeblood of your case. While credibility of the client is always an issue, neutral evidence is the most effective in presenting your case.

We also recommend that you contact our office early on if you are being harassed. We can then advise you on how to best conduct yourself so all of your rights are protected.

Please feel free to contact us with any questions. We offer free, no cost consultations at all of our offices, including our Las Vegas office. You can reach us through our toll free telephone number 1-866-414-0400.

November 4, 2010

Police Officer Hurt in Motorcycle Accident

A 43-year-old Metro police officer on a motorcycle was recently injured in a crash with a car near Maryland Parkway and Katie Avenue. He was transported to University Medical Center for treatment after being knocked off the motorcycle and skidding 60 feet. According to the Las Vegas Sun, evidence indicates that a 2009 Ford Fusion, driven by 19-year-old Savannah Hooks, turned in front of the motorcycle without seeing it, causing the accident. Hooks was not injured.

The Las Vegas Sun: Police motorcycle officer escapes serious injury in crash

Motorcycle accidents affect hundreds of thousands of individuals every year. Often they result in serious injuries and death because there is virtually nothing to protect the driver of a motorcycle. These kinds of accidents can happen to anyone, even police officers who are trained to use motorcycles. The officer in this case was extremely lucky to escape devastating injuries because many do not fare so well.

If you or someone you know has been injured in a motorcycle or car accident, call an experienced personal injury lawyer to find out whether or not you have a case. Parker Scheer Lagomarsino has team of excellent personal injury attorneys who have handled countless motorcycle and car accident cases.

Free Confidential Personal Injury Case Review

For more information about personal injury cases or to have your case evaluated by a Parker Scheer Lagomarsino attorney, contact us online and receive a response within hours, or call toll free 866-414-0400. If you need a personal injury lawyer outside of Nevada, contact us for a referral.

November 4, 2010

Southern Nevada Hospitals: Even Worse Than We Thought

It is well-known that hospital care in Southern Nevada is second-rate. Recently, a Las Vegas Sun report has provided us with important information about the quality of Las Vegas hospitals. Over a span of two years, Sun reporters got records of every inpatient visit in Nevada hospitals going back as far as a decade. The 2.9 million records, together with more than 100 patient and insider interviews, revealed startling dangers. According to the study, patients have unknowingly faced hazards in delivery and surgical rooms and intensive care units, and thousands have been injured or died because of the inadequacy of Las Vegas hospitals and medical care. Studies show that patients discharged from Nevada hospitals have to go back for additional care within 30 days. This is the worst rate of readmission in the country.

The Las Vegas Sun: A breakthrough in medical transparency

If you have been injured as a result of poor-quality medical care in a Nevada Hospital, you might be entitled to compensation for your injuries. The lawyers of Parker Scheer Lagomarsino LLP have successfully represented scores adults and children injured or killed as a result of medical errors. Medical malpractice litigation remains one of the most complex areas of personal injury law. Choose a law firm with a proven record of success, Parker Scheer Lagomarsino. There is never a fee for an initial consultation and all cases are handled on a contingent fee basis, meaning there is no legal fee charged until we recover for you.

Call us today at 866-414-0400.