Las Vegas Injury & Accident Attorney Blog

Starting July 1, 2009, Nevada has defined the rule of the road pertaining to using the right turn travel lane, aka the storage lane/bike lane; The new law as promoted by the las vegas metropolitan police department.  The new law requires that the solid white line be respected and not crossed during travel. Moreover, the distance you are allowed to travel in the bike lane is no more than 200 feet before a turn is made. For more details please see: Traffic Law Concerning the Crossing of Solid White Lines.

The goal of this law is to clarify the discrepancies involved in the current state of motorcycle lane cases in Nevada. Thousands of accidents occur in Nevada and the Courts are confused in how to adjudicate because the old law was confusing. Due to the congestion of traffic, cars are often allowed to cross lines of traffic, and are given the right of way. This yielding allows the vehicle to travel across lanes of traffic when the traffic is stopped. Problems arise when the cycle lane is used as a passing lane and an accident occurs when the crossing car impacts the bike lane vehicle. Police look to see whether the motor bike lane vehicle was using the the bike lane as a passing lane, or whether they were actually traveling within 200 feet of a right turn. This new law now affects the crossing traffic–you are not allowed to cross the white line. The good thing about this law, is that it will simplify the litigation surrounding the bike lane cases currently congesting our court system.

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Q: Contracted food poisoning while on business trip to Las Vegas. Was staying at The Palms Hotel, and hosting an event there. Was there with quite a few colleagues and two of us ate the same room service lunch, and several hours later were both violently ill – right before a very important business event. EMS was called and a report was filed. What steps do we need to take next. EMS said that our systems were indeed food poisoning. I also missed all my business meetings at the conference I flew out to Las Vegas for. What should next steps be? This happened this week.

A: Dear potential Client:

Food poisoning cases are very hard to prove unless evidence is collected.  Typically, the food that is poisonous is obviously not around as it was consumed.  Therefore, it is necessary that lab tests are obtained to show that it was indeed food poisoning.  Most often, the stools must be tested, or some other blood test to show the foreign bacteria/virus/or parasite was present.  It certainly helps that both of you were in fact suffering the same type of illness after consuming the same room service type of lunch.  Did you in fact have the same food, or did you order the same entree?

The next consideration is whether your damages are worthwhile in pursuing.  A mere case of a few hours of sickness may not be worthwhile pursuing (albeit it is most often very painful) due to the expense of the case.  We normally only represent victims who have suffered hospitalization, or very severe cases of food poisoning as the expense of the case can offset the actual damages.  I would not rely on an EMT diagnosis, even though you may have had classic symptoms of poisoning.

E. coli and salmonella (amongst hundreds of pathogens that could cause illness) are very common and dangerous.  It is important to figure out what strain of pathogen and then relate it to the food, if possible, and put together a case. Food borne illness is an ever-present threat that can be prevented with proper care and handling of food products, and the casino industry has its fair share of liability due to this and other preventable actions.

There are million cases of food borne diarrhea disease occur each year in the United States, costing billions in medical care and lost productivity so you are not alone!

Truly yours,

Joe

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CV A523236 10-day trial

Causes of Action:  Negligence, loss of Consortium.

Facts: Nov. 8, 2005 Defendants Truline unloaded 30,000 lb tractor trailer driven by Calkins slammed into rear of Plaintiffs Acura ejecting driver through rear passenger window, and passenger to hit her head.  Plaintiff was in UMC hospital and rehab for 11 days.  Plaintiff suffered nearly 334 medical visits over past 4 years.

 Witnesses called:

Ed Johnson- Plaintiff age 57, married, retired US Navy, reemployed US Military Sea Lift Command, Department of Defense.

Nimfa Johnson-Plaintiff age 45, homemaker

Theresa Johnson- 23-year-old daughter

Monte Calkins-Defendant Driver-testified he did not see the Plaintiffs vehicle

3 Eyewitnesses testified turn signal was on; truck did not slow down.

Plaintiffs Experts Called:

Mary Ann Shannon, MD Othorpod:  Testified the scapular injuries and necessary rotator cuff repairs were causally related to the accident, and he was unable to return to work.

Eli Fishe, MD., Physiatrist UCLA, testified all the treatment was reasonable and necessary.

Hans Jorg Rosler, MD Pain Management:  Testified the cervical symptoms were related and necessitated injection therapy.

Russel Shaw, MD, Neurology:  Testified the Plaintiff suffered brain and neurological deficits.

Vanessa Godin, MD, Neurologist:  Testified Plaintiff suffered frontal lobe damage.

William Orrison, MD Radiologist: testified the brain damage was caused by the trauma and read 3 T MRI

Louis Mortillario, PhD:  testified to Plaintiffs Depression and emotional damages, Cognitive abilities were intact, but suffered neuro psychological problems. Plaintiff was a heavy social drinker, which did not interfere with his family or health.  His 10 months at sea per year did not allow alcohol consumption.

Col. John Smith, P.E.: Engineer Accident reconstruction and Biomechanics:  Testified forces were extreme, that evidence showed clear lack of due care.

Terrance Dinneen, Forensic Economist & Vocational rehabilitation:  Could not perform at previous levels and could not return to specialized job involving handling of nuclear weapons systems and high stress performance issues.  $160K salary would be impossible to get back. May be able to get a lower paying job.

 Defendant called:

Herr, MD, testified Defendant passenger was injured but her neck injuries were not related, and she failed to treat for shoulder injury and that MRI for shoulder should have been performed.

Lipson, PhD, Psychologist:  Testified Plaintiffs marriage was doomed, and that Plaintiffs alcohol consumption was reason for his emotional problems.

Smith, MD, Psychiatrist & Addiction specialist:  Testified uncertain that brain damage was caused by this trauma; Plaintiff was an alcoholic.

Olson, MD, Orthopedic Surgeon: Opined Plaintiff’s neck injury was preexisting; shoulder rotator cuff surgery was unnecessary.

Lew Grill, Trucking Expert: Defendant was driving appropriately given the circumstances.

William Heffner, Accident Reconstruction, testified the perception reaction time was adequate; given the sudden stop caused the accident.

Defendants’ Theory of Liability:  Plaintiff caused a sudden emergency when his vehicle his vehicle drifted to the right before making a legal stop.

Defendants’ Theory of Damages:  Defendant drank too much causing a hindrance to his recovery and caused his marital problems post impact.  Brain damages were manipulated.

IME showed Plaintiff could lift 50 lbs and could return to work

Plaintiffs’ Theory of Liability:  Tractor Trailer did not brake until accident was too late, failed to give adequate distance and was tailgating car in between truck and Plaintiff that swerved out of the way of plaintiff’s stopped vehicle that was legally making a left turn off highway on single road highway.

Plaintiff Johnson Damages:  Frontal lobe brain deficit causing bubbles in his thought processes, inability to return to work in same capacity as 2^nd Mate on Cargo ship with US Military Sea Lift Command which requires heavy lifting and full brain function to fulfill necessary duties aboard ship. Mr. Johnson incurred brain damage to the frontal lobes, 18 fractured ribs, 2 fractured shoulder blades, multiple contusions, two rotator cuff tears, cervical bulging, and collapsed lungs.  The brain damages/confusion/ depression contributed to marital discord.  Total medical $334,000. 

Plaintiff Mrs. Johnson Damages: Mrs. Johnson suffered a head laceration, fractured skull, a subarachnoid hemmorage, and neck and back injuries. Nimfa’s medical damages $34,000

Award: Driver Ed, awarded $334,000 in medical specials, $500,000 past wage loss, $700,000 future wage loss. $1,808,000 reduced by 36% comparative negligence equating to award of $1,157,000. Passenger  Nimfa awarded $100,000 past pain and suffering, $50,000 future and medical expenses of $34,000.

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Q: I am contacting you on behalf of my boyfriend. One year ago he was hit by an uninsured driver while on his motorized scooter. He suffered a broken collar bone along with leg injuries. It was in some time since the accident on 5-18-2008. He was out of work for 3 months and has about $20,000 dollars in medical bills. If you can prove me with any information on this case that would extremely help.

Thank you, Client A

A: Dear Client A:

Thank you for your inquiry. It truly is a nightmare and unfair situation when you have been a victim and then their is no compensation for your injuries, and you are stuck with medical expenses through no fault of your own.  The unfortunate reality is that you likely have no plausible place to turn given that most uninsured drivers do not have assets to protect; therefore any lawsuit would likely be futile.  If the individual was drunk or was cited in the accident involving the scooter, I suggest contacting the Clark County Victims of Crime Division where they can possibly reimburse some of your medical expenses.

Truly yours,

Joseph L. Benson II, Esq.

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