The court rejected the claim of Goodyear that the amount awarded by the jury was excessive.

The majority decision, written by Justice Mark Gibbons, said there was sufficient evidence to justify the amount because of the loss of life and serious injuries and it does “not shock our judicial conscience.”

The car’s occupants were traveling from Nevada to Kansas to attend a boxing match when a tire blew out and the vehicle overturned near Moab, Utah, on Interstate 70 on Aug. 16, 2004. Killed were Evertina Tapia, Andres Torres and Frank Enriquez.

A suit was filed by the surviving relatives and guardians of the children against Goodyear, Ford Motor Company and Valley View Hitch & Truck Rental. Both Ford and Valley View settled their claim.

During the pre-trial maneuvering, District Judge Sally Loehrer found that Goodyear failed to produce a witness and gave improper responses to interrogatories. She found that Goodyear “has taken the approach of stalling, obstructing and objecting” in its pre-trial behavior. As a sanction, Loehrer ruled that Goodyear could not present a defense of liability but only could argue to the jury the amount of compensatory damages and if it was subject to punitive damages.

The jury came back with the $32.2 million verdict but didn’t return punitive damages.

The survivors also appealed Loehrer’s decision that they would have to establish liability to receive punitive damages. The Supreme Court, however, backed up Loehrer in her ruling on the issue.

Justice Kristina Pickering dissented from the majority, saying Judge Loehrer imposed an “excessive penalty” on Goodyear’s pre-trial conduct. She said there was no evidentiary hearing to decide the disputed issues of fact over the blown tire.

She said the most fundamental of due process rights for Goodyear were violated.

Source: Las Vegas Sun

In the U.S., a slip and fall case is one based on someone slipping and falling; injury is most often a result. Slip and fall accidents center on whether the property owner(s) in question were negligent in allowing such a dangerous condition to exist.

Property owners typically have two lines of defense against a slip and fall claim. One is that they weren’t negligent. For example, a property owner may claim they didn’t have time to discover a newly-created dangerous condition, such as water that a patron just spilled. The other defense for property owners is claiming that the injured person was at fault. Using the aforementioned example, why didn’t the person who slipped on the water notice the water on the floor himself / herself?

Perception may be that slip and falls are partially the fault of the injured party; however that may not always be the case. Slip and fall accidents in Las Vegas occur frequently. With the slew of convenient stores and shopping centers in town, it’s no wonder.

In Nevada, property owners are required to maintain the condition and safety of their premises. It’s understood that patrons will be in a hazard-free environment when visiting. If a property owner fails to take reasonable care to prevent a person’s injury, the owner could be found liable for the injuries caused. Slip and fall injuries can range from mild to extreme; imagine the kind of injuries that could be sustained by an elderly person, especially considering the frailty of their bones and the ease in which hips can be broken.

At G Dallas Horton & Associates, we care about you and your slip and fall injury case because no one deserves to be wrongfully injured. Proving negligence and claiming liability can often be a difficult thing to do in court, but we’re committed to fighting for your rights.

First, a personal injury attorney’s job is probably more complicated that you might think. They are necessary in fighting for your rights as an individual who has been wronged and or injured. If you’ve been involved in a personal injury issue, the single most important thing that you can do is find the right attorney.

We’ve mentioned elsewhere in our blog the importance of evidence, highlighting cases that should have been won, but weren’t, due to a simple evidence gathering snafu. Here at G Dallas Horton and Associates, we never want that to be the case when you come to us. In the litigation process, information reigns supreme, and protecting evidence is crucial in personal injury cases. That’s where a personal injury attorney can come in. He or she can help you collect information pertinent to your case; this process is called the “discovery” process. It is a crucial part of our job to lock in all the details about your case to best assist you. The sooner that you have someone on your side collecting evidence and information, the better and stronger your case will be.

A personal injury attorney can also help you accurately determine your damages. It’s easy to see how much an accident will cost you in bills, but there a whole other level of damages involved that need to be addressed. For example, how would you know how much is due for pain and distress? How would you know how much you are owed do to missing work and future work? A solid personal injury attorney can help you determine the answers to these questions, and walk you through various scenarios.

Sometimes, seeking a settlement is in the client’s best interest as it can save you time and money, along with getting cash to you expeditiously. Reaching a settlement, though, can be complicated, with a lot of inherent give and take. Always remember that the other side is also looking to get the best deal for their client. A good personal injury attorney understands what your case is worth, and will know when it’s best to reach a settlement, and will be able to apply leverage when necessary to get the best deal for you.

A skilled personal injury attorney, like the legal team at G Dallas Horton and Associates ensures that you’ll get a fair shake in court. We hope that this article has cleared up some of your misconceptions about personal injury attorneys.

How important do you think a personal injury attorney is when litigating? If you have a personal injury case or questions, we urge you to contact us.

A judge awarded about $8.9 million Wednesday to a Las Vegas woman who was permanently injured in a 2005 accident.

District Judge James Bixler awarded the judgment to Melissa Burnside, 43, who was self-employed as a mortgage processor at the time of the accident.

“My client was very, very happy and felt the judge was very fair in the award,” attorney Robert Vannah said.

Vannah and attorney Dallas Horton represented Burnside during the bench trial in May.

Attorney John Naylor, who represents defendants Wayne Fowler and FKI Logistex Integration, declined to comment on Bixler’s decision.

The attorneys submitted their closing arguments to the judge in writing on June 15.

According to Bixler’s order, Burnside was driving on the offramp from southbound Interstate 15 to the eastbound Las Vegas Beltway on Jan. 5, 2005, when a truck driven by Fowler, a Texas resident who was working for FKI, dropped a large metal object in front of her vehicle.

Burnside struck the object, and her vehicle “made several gyrations” before coming to a rest along the side of the beltway, according to the order.

The vehicle suffered moderate damage.

“The Plaintiff was treated and released at an emergency room, but returned for further treatment shortly, as she continued experiencing pain along her right side and back,” the judge wrote.

Burnside was treated by many health care professionals during the years that followed.

“She experienced some treatment successes, but, generally, got worse; she suffered greater pain and began experiencing increasing debilitating use of her right leg,” Bixler wrote.

A medical procedure was performed to relieve pressure on her sciatic nerve, according to the judge’s order. But it resulted in scarring on the nerve, “contributing to long-term and permanent debilitation and loss of use of her right leg.”

“The Plaintiff will require periodic medical pain-relieving procedures to control pain in her back, which will continue throughout the Plaintiff’s life due to the permanency of her condition,” Bixler wrote.

According to the order, the defense asserted that Burnside’s condition was caused by a fall down three stairs five months after the accident.

“The considerable weight of the medical evidence would indicate that Plaintiff was on a downward medical spiral from the time of the auto accident until the present,” the judge wrote.

“Nevertheless, Plaintiff’s fall appears to have been associated with symptoms experienced from injuries complained of from the auto accident, and similar worsening symptoms have been experienced continuously since the auto accident.”

According to the order, Burnside will have no earning capacity and only limited physical mobility.

Vannah said he and Horton sought a $17 million judgment for Burnside, who is married and has three children.

He said Naylor recommended a $176,000 judgment.

(Source: lvrj.com)

There are a lot of trucks in Las Vegas. There are only a couple ways in and out of the city on truck routes into Arizona, California, and Utah so there are a lot of truckers on the road at any given time. There are strict laws regarding the securing of cargo for trucking companies, but (like in any other industry) accidents happen.

I recently represented a client who had an incident involving a trucker. There are over 15 million trucks on the road in America today (truckinfo.net) so the chances that you’ll be on the road with one are pretty good. My client was on a Las Vegas freeway with one of these trucks and the truckers load became unsecured. The load fell off the truck and caused a collision with my client’s car and my client sustained severe spinal injuries.

The client came to me to help them pay for their medical bills and other expenses they incurred as a result of the trucking company’s negligence in improperly securing their load. I was able to help my client win a $8.9 million verdict and a $9.5 million judgement.

If you find yourself in a situation like this, please give my law office a call and schedule a free consultation. You have enough things to worry about on the roads and irresponsible trucking companies should be held accountable for their actions. You deserve to have someone on your side that is experienced in cases like yours and will fight to get you what you deserve.

G. Dallas Horton is one of the top personal injury attorneys in Las Vegas, Nevada. He specializes in personal injury, accidents, and wrongful death cases. He has been practicing law for over 15 years and has won millions of dollars in settlements for his clients. For more information or to contact G Dallas Horton & Associates, visit his website at GDallasHorton.com or connect with him on Twitter (@gdallashorton) or Facebook (/gdallashorton). Any information contained herein does not constitute and should not be assumed to be legal advice. The contents of this post are the personal opinions of G. Dallas Horton and should not be assumed to be legal counsel.

Check out these surprising statistics on bicycle safety over the past couple of years:

• About 85 million American adults ride a bike at least occasionally.
• Head injuries account for 60 percent of cycling fatalities.
• Properly fitted helmets reduce the risk of head injuries by 74-85 percent.
• In Pennsylvania, children ages 5 to 14 years old are the most at risk of death and injury from a bike accident or bike crash.
• 1 in 8 of the cyclists with reported injuries has a traumatic brain injury. Two-thirds of bicycle accident deaths are from traumatic brain injuries.
• Bicycle crashes and injuries are under-reported, because the majority of bike accident injuries are not serious enough for emergency room visits.

Use these helpful tips to prevent a bicyclist accident in Las Vegas.

Tips for the driver

• Look for oncoming cyclists when making turns.
• Look for oncoming cyclists when opening your door toward the street.
• Don’t honk your horn at bicyclists if you don’t really need too—this can startle the bicyclist, causing a sudden movement
• Do not follow a bicyclist too closely. Give them plenty of room ahead.
• Be aware of bicyclists turning in any lane.

Tips for the bicyclist

• Invest in common sense gear like a bike headlight, reflective badges, and a horn or bell.
• Slow down if you think a driver can’t see you. This is especially important for dusk or evening travel and can help prevent car accidents.
• Avoid traveling at night, if you can.
• Do not ride on the sidewalk. Consider using the bike lane; this is the safest area to travel using a bike.
• Ride on the right side of the road, with the flow of traffic, not against it.

If you find yourself in a situation in which you were injured by a motorist while on a bicycle, you deserve to be represented by the top personal injury lawyer in Las Vegas. Call the office of G Dallas Horton and Associates at 702.380.3100 to schedule a free consultation.

G. Dallas Horton is one of the top personal injury attorneys in Las Vegas, Nevada. He specializes in personal injury, accidents, and wrongful death cases. He has been practicing law for over 15 years and has won millions of dollars in settlements for his clients. For more information or to contact G Dallas Horton & Associates, visit his website at GDallasHorton.com or connect with him on Twitter (@gdallashorton) or Facebook (/gdallashorton). Any information contained herein does not constitute and should not be assumed to be legal advice. The contents of this post are the personal opinions of G. Dallas Horton and should not be assumed to be legal counsel.

When we were kids, there were ways of getting out of what you said you’d do. Do you remember crossing your fingers while you were telling a lie? That lie “didn’t count,” did it? You’d think that as we grew up and matured, we’d not worry about petty things like lying and breaking promises. But, sadly, this isn’t the case in every situation.

I recently represented a client that found himself in a situation where a business contact thought they could cross their fingers and get out of their deal. In lawyer speak: breach of contract. My client entered a contract with another business to provide goods and services to them. I entered the courtroom and proved that the defendant had breached the contract, setting my client back not only lost revenues and income, but also time and labor. The courts recognized this simple case of “fingers crossed” business and awarded my client what they were due: $1.6 million dollars.

So many of my clients have entered into business relationships hoping that their partners aren’t crossing their fingers. Sadly, we aren’t in the time where you can look someone square in the eye and give them a firm handshake to seal a deal. And sometimes, even a contract isn’t enough to hold someone to their word.

If you find yourself in a similar situation, please call my office to schedule a free consultation. No matter the size of your claim, you deserve to have the law on your side and to be represented by someone who has experience in cases like yours.

G. Dallas Horton is one of the top personal injury attorneys in Las Vegas, Nevada. He specializes in personal injury, accidents, and wrongful death cases. He has been practicing law for over 15 years and has won millions of dollars in settlements for his clients. For more information or to contact G Dallas Horton & Associates, visit his website at GDallasHorton.com or connect with him on Twitter (@gdallashorton) or Facebook (/gdallashorton). Any information contained herein does not constitute and should not be assumed to be legal advice. The contents of this post are the personal opinions of G. Dallas Horton and should not be assumed to be legal counsel.

Sadly, the situation my client found himself in didn’t end so humorously. The plaintiff (my client) was driving down a residential street in Clark County, Nevada. He pulled up to a stop sign and, after a full stop, proceeded into the intersection. At the same time, the defendant attempted to make a left hand turn, failing to yield to the plaintiff’s right-of-way.

Doesn’t seem like a big deal, and it’s a situation we’ve all been in, right? Wrong. In this case, the defendant’s car plowed into the plaintiff’s resulting in very serious spinal injuries.

I went into the courtroom and proved that the plaintiff’s injuries were a result of the defendant’s negligence and that they broke the law when they failed to yield the right-of-way to the plaintiff. The argument was settled for $1.2 million dollars to cover (among other things) the medical charges that my client sustained as a result of the accident.

If you find yourself in a situation like this one, please call my office and let me provide you a free consultation for your case. No matter how small or large your case, you deserve to have someone represent you that has a proven track record in a situation like yours.

G. Dallas Horton is one of the top personal injury attorneys in Las Vegas, Nevada. He specializes in personal injury, accidents, and wrongful death cases. He has been practicing law for over 15 years and has won millions of dollars in settlements for his clients. For more information or to contact G Dallas Horton & Associates, visit his website at GDallasHorton.com or connect with him on Twitter (@gdallashorton) or Facebook (/gdallashorton). Any information contained herein does not constitute and should not be assumed to be legal advice. The contents of this post are the personal opinions of G. Dallas Horton and should not be assumed to be legal counsel.

The state of Nevada has gone back-and-forth on the issue of cell phones and driving for quite some time, but on June 17th, Governor Brian Sandoval signed a bill requiring all Nevada motorists to operate a hands-free device when using their mobile phone. Nevada now joins 9 other states that have enacted similar laws.

This law came to fruition, in large part, because of some startling statistics on moving violations and texing. According to representatives at the Nevada Highway Patrol, there are more than 3,500 distraction-related crashes in Nevada every year, and more than 60 deaths in the past five years. While not all of these are attributed solely to mobile phone use while driving, it’s clear that being distracted by anything (your phone, your kids, your lunch) while driving impairs your judgement and response times. “Not only is it prohibited, but we want drivers to know that they are four times more likely to crash when driving while talking on a cellphone,” Nevada Department of Public Safety Director Chris Perry explained. “Driving while talking or texting can delay reaction time as much as driving legally drunk.”

The new law rolls out slowly. Starting a couple weeks ago, police officers and highway troopers can pull over drivers to warn them about the new legislation. However, no tickets or fines will be issued until January 1 of next year. But once the first of the year hits, there are some fines and penalties for drivers caught using their phone and driving: $50 for the first offense, $100 for the second, and $250 for the third violation within 7 years. In addition, after the thrid violation, a driver’s license is revoked for a period of 6 months.

And the excuse “I wasn’t texting, I was tweeting!” won’t work. According to the Nevada State driver’s handbook:

The use of a cellular phone or other handheld wireless communications device to manually send, read, search the Internet, or to engage in non-voice communications with another person, including texting, electronic messaging and instant messaging is prohibited.

The new law does not include using a cell phone over a handsfree device such as a bluetooth headset or voice-activated commands.

This new legislation is sure to be an important one. It will change the way that we communicate on the road and, hopefully, bring down the number of distraction-related crashes every year. Here are a few tips to help you navigate the law and keep yourself safe while you’re on the road.

1. Keep your eyes on the road. Your driver’s ed teacher said it over and over for a reason.
2. Get a bluethooth headset or handsfree device and use it. Make sure it’s fully charged and that you are comfortable with it.
3. When you get in the car, put your phone in the glove box or in a bag to minimize temptation to answer or make phone calls.
4. Have a passenger help you with non driving-related tasks, such as directions.
5. Do not call or text someone you know is driving at the time.

G. Dallas Horton is one of the top personal injury attorneys in Las Vegas, Nevada. He specializes in personal injury, accidents, and wrongful death cases. He has been practicing law for over 15 years and has won millions of dollars in settlements for his clients. For more information or to contact G Dallas Horton & Associates, visit his website at GDallasHorton.com or connect with him on Twitter (@gdallashorton) or Facebook (/gdallashorton). Any information contained herein does not constitute and should not be assumed to be legal advice. The contents of this post are the personal opinions of G. Dallas Horton and should not be assumed to be legal counsel.

Deaths from alchohol-related crashes are nearly 150% on New Year’s Eve than on other days of the year. The AAA is reporting that nine out of ten drivers view drunk drivers as a significant risk to their safety on New Years.

As a personal injury attorney in Las Vegas, I see a lot of cases that come across my desk as a result of poor decisions. It grieves me to see so many lives ruined because of some poor decisions mixed with Jack Daniels. I don’t really want to have to defend you in court after the holiday. And, trust me, you don’t want me coming after you for my client.

Here’s a few things you can do this holiday to stay safe and make smart decisions:

• Pick a designated driver. Seriously. This seems elementary. You’ve heard it since high school. But do it. There’s no excuse to leave unprepared.
• Don’t hold onto your own keys. If you don’t have a designated driver, give your keys to someone else so you won’t be tempted to get into your car after a night of drinking.
• Make plans. We all remember the old adage “If you fail to plan, you plan to fail.” If you plan on partying hard/late, make reservations at a hotel near where you’ll be. Pack an overnight bag. Heck, even bring a blanket to sleep in the backseat until you’re sober and alert enough to drive home.
• Be smart. Another drink won’t sober you up. Coffee won’t sober you up. A banana won’t sober you up. Only time can get you back to thinking straight. Typically an hour for every drink. A full hour.

G. Dallas Horton is one of the top personal injury attorneys in Las Vegas, Nevada. He specializes in personal injury, accidents, and wrongful death cases. He has been practicing law for over 15 years and has won millions of dollars in settlements for his clients. For more information or to contact G Dallas Horton & Associates, visit his website at GDallasHorton.com or connect with him on Twitter (@gdallashorton) or Facebook (/gdallashorton). Any information contained herein does not constitute and should not be assumed to be legal advice. The contents of this post are the personal opinions of G. Dallas Horton and should not be assumed to be legal counsel.