Victory in Las Vegas for KNCH Attorneys
Congratulations to Las Vegas Partner Megan K. Dorsey, Associate Melissa M. Iannantuano, Paralegal Nicole Rosas, and Legal Assistant Kelli Peterson for obtaining a defense verdict following a 3-day jury trial before the Eighth Judicial District Court.
KNCH was brought in in March of 2024 to defend the interests of the defendant driver of a tractor-trailer acting within the course and scope of his employment after prior defense counsel experienced a conflict in the representation of the driver. KNCH assumed the defense of the driver against Plaintiffs (a husband and wife duo) who alleged damages as a result of contact between the rear tire of the client’s tractor-trailer and Plaintiffs’ passenger vehicle on the I-15 interstate in 2016. Liability was disputed as the client maintained he never changed lanes and any injury sustained by Plaintiffs was a result of the wife/driver’s improper handling of their vehicle. Nevada Highway Patrol was never called to the scene and no citations were issued.
In their 2018 complaint, Plaintiffs alleged damages in excess of $80,000 in past medical expenses, in addition to damages for future medical expenses and past and future pain and suffering. Prior to trial, the wife/driver settled her claims against the client and his employer. However, the husband/passenger refused to settle his claims rejecting Defendants’ $80,000 settlement offer.
At trial, the defense argued the Plaintiff’s injuries could not have been caused by Defendants as the client never switched lanes on the I-15 as Plaintiff alleged. The defense further argued that the damage to the Plaintiff’s vehicle was inconsistent with a lane change initiated by the tractor trailer and that Plaintiff failed to mitigate his damages by failing to attend physical therapy as directed by his treating provider.
After deliberating for less than 30-minutes, the jury came back with a verdict in favor of the defense. Plaintiff received nothing. Defendants had made an offer of judgment in 2023 which will now be in play on post-trial motions.
Congratulations to the Las Vegas team.
Megan Dorsey, Partner
Melissa Iannantuano, Associate