Articles Posted in Personal Injury Reports

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Walk This Way

Pedestrians walk past a "Look!" sign on the crosswalk at the intersection of 42nd St. and 2nd Ave. in New York, Thursday, Sept. 20, 2012. Crossing the street in New York City is complicated: Even when it's one-way, you should look both ways, and stop texting for a few seconds. That’s what city transportation officials tell pedestrians who often miss getting hit in the chaotic every-which-way-including-loose mill of vehicles, bicycles, scooters and sometimes, carriage horses. They’re making their point visible with “LOOK!” signs stenciled at 110 of the most dangerous intersections in the city’s five boroughs. (AP Photo/Seth Wenig)
As a nation we are facing an epidemic, pedestrian fatalities. Every  day in America there is an accident involving a driver and a pedestrian, some of them resulting in a fatality. Walking, sitting at a bus stop, riding your bike, or even just standing in a public place puts you at risk for being involved in an accident.

According to the article below, this is a national problem:

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A recent decision from the United States District Court for the District of Nevada held that a car insurance policy’s definition of “bodily injury” included emotional injuries and could thus be applied to emotional distress claims.

In Brewington v. State Farm Mutual Auto Insurance Co., the plaintiff filed a complaint against State Farm for breach of contract, arguing that State Farm breached its insurance policy by denying her coverage for her negligent infliction of emotional distress claim. State Farm argued that it did not breach the insurance policy because emotional distress does not qualify as a “bodily injury” and did not arise “in the accident” as required under the policy.
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In an unpublished order by the Supreme Court of Nevada, the Court reversed a district court ruling granting summary judgment in a negligence action against The Orleans Hotel and Casino (“The Orleans”), after the hotel allegedly failed to take reasonable precautions to prevent the plaintiff from being the victim of criminal conduct.

In Smith v. Coast Hotels and Casinos, Inc., the plaintiff was a guest at The Orleans when he became a victim of an alleged “trick-roll” during his stay. Shortly after the plaintiff invited two new female acquaintances to his hotel room, one of the acquaintances left the room, and returned with another person, alleged to be that acquaintance’s pimp. The alleged pimp then robbed and shot the plaintiff.
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According to an article from the Las Vegas Review-Journal, fatal car crashes in Southern Nevada have dropped significantly during the first half of 2014. Last month, Lt. Dave Jacoby said during a Southern Nevada Traffic Safety Committee meeting that fatal vehicle crashes have dropped by nearly 20% as compared with the same point in 2013. Additionally, drunken driving arrests have fallen by about 25%, and fatal car accidents involving drunken drivers have decreased to just eleven alcohol-related fatalities, as compared with fifteen in 2013.

As reported in a study done by the Nevada Strategic Highway Safety Plan, 363 people lost their lives and 816 were seriously injured in impaired-driving crashes on Nevada roadways between 2008 and 2012. Male drivers aged 26 to 35 were involved in most impaired driving fatalities and serious injuries, followed by young male drivers aged 21 to 25. The highest proportion of impaired driving fatalities and serious injuries occurred during weekends. The study also found that 69% of fatalities and 83% of serious injuries occurred on urban roadways as opposed to rural ones.
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In a recent decision, the United States District Court, District of Nevada, examined whether a roofing contractor who performed work at a Wal-Mart was required to indemnify Wal-Mart for damages for which it may be liable relative to a woman’s slip and fall in the store.

In Goben v. Wal-Mart Stores, Inc., the plaintiff, Beverly Goben, suffered personal injuries when she slipped and fell on water inside a Wal-Mart store. Goben sued Wal-Mart for negligence. Wal-Mart, in turn, sued North American Roofing (NAR), a contractor that had performed work on the store’s roof. Wal-Mart alleged that NAR’s faulty work created a leak in the roof that led to Goben’s slip-and-fall incident.
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Last week, a Washoe District Court judge ordered an insurance company to pay $50,000 after the insurer sent a representative to a court-ordered settlement conference in a dog-bite case with insufficient settlement authority, the Reno Gazette-Journal reports.

In the underlying case, the plaintiff, James Moberly, alleges he was attacked by the defendants’ German Pointer in 2011, suffering several bites to his arms and legs. The attack also caused the plaintiff to fall backwards, aggravating a pre-existing spinal injury. The plaintiff’s claimed damages include more than $75,000 in medical expenses, plus a claim for $850,000 in punitive damages. The plaintiff was the fourth of five persons that the dog attacked before being euthanized.
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The Nevada Supreme Court has ruled, according to a recent unpublished opinion, that a district court incorrectly entered summary judgment in favor of a defendant mechanic in a case that alleged that the mechanic was negligent in his repairs of a truck that later struck and killed a man after the truck’s parking brake failed.

In Pennington v. Ed’s Tire Service, Inc., the defendant mechanic had performed maintenance work on a truck owned by the Bureau of Land Management, including repairs related to the truck’s parking brake and parking brake cable. Soon thereafter, the truck was stopped on downward sloping ground when the parking brake failed. The truck rolled forward and hit and killed Thaddius Shelton, who was working at the property at the time.
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Nevada State Veterans Home (NSVH) in Boulder City, NV, is a state-owned and operated facility providing nursing services to veterans of military service and their qualified family members. According to a recent article from the Las Vegas Review-Journal, however, the facility is under investigation, uncovering many deficiencies and regulatory violations affecting its patients.
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According to information from various reports by the Las Vegas Sun, several traffic accidents have plagued Las Vegas in February, some resulting in serious injuries or death to drivers, passengers, and pedestrians.

For example, the Las Vegas Sun reported that on February 8 and 9, three people were killed in separate car accidents. On the 8th, 39-year-old Norman Beavers was killed when he was struck by a vehicle while walking in the crosswalk on Las Vegas Boulevard. The police located the hit-and-run driver and arrested him in connection with Beaver’s death. On that same day, 21-year-old Trenton Cain Gleaton died when his motorcycle crashed into a light pole on Oakey Boulevard, causing the motorcycle to catch fire and engulf Gleaton in flames. On the 9th, 42-year-old Nneka S. Geter-Easterling was involved in a three-vehicle collision at an intersection on Tropical Parkway. She was killed when a pickup truck crashed into her vehicle, causing it to spin and hit another vehicle. The accident also caused Geter-Easterling’s two teenage passengers to suffer severe injuries.
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Over the past year, Nevada medical facilities have been accused of violating federal standards relating to patient discharge policies, resulting in thousands of improper discharges of patients still in need of medical treatment and with no provisions for post-discharge medical care. The practice has been dubbed “patient dumping,” and has occurred at an alarming frequency.

According to a news release from the City of San Francisco, the issue first came to light in March 2013, after 48-year-old James Brown became a victim of patient dumping. Brown, who was diagnosed with schizophrenia, depression, and anxiety, had been a patient at the state-run Rawson-Neal Hospital in Las Vegas. Rawson-Neal discharged Brown from the hospital, put him in a taxi to a Greyhound bus station, and sent him on a 15-hour ride to Sacramento, California with snacks and a three-day supply of medication. Brown had never been to Sacramento, and had no friends or family in the area. Neither Brown nor Rawson-Neal had made any prior arrangements for Brown relative to his care, housing, or medical treatment once he arrived in the city. Rawson-Neal merely advised him to call 911 upon his arrival.
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