G Dallas Horton & Associates

Las Vegas Personal Injury Attorney

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The Nevada Supreme Court has upheld a $32.2 million judgment in Clark County against Goodyear Tire & Rubber Company related to a single-car accident that killed three people and injured seven.
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

The Nevada Supreme Court has upheld a $32.2 million judgment in Clark County against Goodyear Tire & Rubber Company related to a single-car accident that killed three people and injured seven.

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

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Resources for Staying Safe this NYE

We all know drinking and driving is a bad idea. We all would agree there should be tougher penalties for drunk drivers who kill innocent citizens. We all feel strongly that drunk driving is a terrible thing. At least, we all agree when we’re sober. Put a few drinks in someone and their opinion can change very quickly.

Not only is drunk driving irresponsible and dangerous, it can be expensive and embarrassing. A DUI ticket is an expensive thing. The training you take to get it expunged from your record is expensive. Handcuffs aren’t a flattering accessory to your cutest New Year’s Eve dress.

To keep you and your friends safe on the roads this NYE, here’s a list of a few resources to take advantage of if you get partying harder than you thought you would:

  • The Designated Drivers Foundation will offer free, safe rides home for adult consumers (21+) from 8 p.m. Friday, Dec. 30 through noon, Sunday, Jan. 1. Put their number in your phone: (702)-456-RIDE.
  • The Las Vegas monorail will be offering discounted rides to locals. $1 will get you a ticket to any of their 7 stops (MGM Grand, Bally’s/Paris Las Vegas, Flaming/Caesars Palace, Harrah’s/Imperial Palace, Las Vegas Convention Center, Las Vegas Hilton and Sahara Avenue). Check out their website for more information.

Oh, and here’s the number to call if you see a drunk driver: 911.

Stay safe out there. I really don’t want to have to defend you in court because of a stupid action that Jack Daniels made you do. And you definitely don’t want me coming after you for my client, do you?

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.

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Staying Safe this NYE

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.

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Judge awards Las Vegas Woman $8.9 Million in Traffic Lawsuit

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)

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Bungee cords are cheaper than lawsuits

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.

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How to stay safe as a bicyclist

Staying safe on the roads is just as important for bicyclists as it is for drivers. In the United States, the National Highway Traffic Safety Administration has reported that 2 percent of all 2009 traffic accidents involved a bicycle, and over 51,000 bicyclists were injured in 2010. That is a staggering increase in bicycle injuries, up sharply from 43,000 in 2007.

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.

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Your word is your bond (and worth millions)

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.

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We’ve all been in this situation…

I recently represented a client in a situation that many of us have been in on more than one occasion. You arrive at a stop sign at the same time as someone else and do the “is it my turn? It’s your turn? But I’m on the right… But you don’t know who gets to go first. You’re going? You’re not going? Ok, I’ll go.” What should have been a few second stop at a 4-way turns into what seems like an hour-long ordeal about who paid attention in driver’s ed class.

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.

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LVMPD officer hurt in accident on 215

Las Vegas, NV (KTNV) — A Metro police officer was hurt after an accident early Monday morning.

The crash happened on the southbound side of 215, between Lake Mead and Summerlin Parkway, when the officer’s patrol car and another vehicle collided.

The officer was taken to University Medical Center but was expected to be released later in the day.

It was not immediately clear whether anyone else was injured. Police are continuing to investigate the cause of the crash.

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)

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Notes

5 Tips for Halloween Drivers

Halloween is a great holiday. Especially if you’re a kid. Costumes and candy - what’s not to love? It’s fun for everyone involved and there are some great events that happen in the community. But the most popular is the tradition of trick-or-treating. I went door-to-door asking people for candy as a kid, and I loved it. I wish I could do it as an adult, but that’s beside the point…

But sadly, on average, twice as many children are killed in pedestrian accidents on Halloween compared to other days of the year. Children are out in force on the streets, sometimes dressed in dark clothes, wearing costumes that makes it awkward to see and move. And all of this typically happens after dark, when visibility can be the worst.

There are plenty of safety guideline lists for parents out there. If you’re a parent out and about on Monday night trick-or-treating, be sure you check out this list of safety guidelines.

But what about motorists on the road on Halloween night? While children are out dressed as goblins, ghouls, and Justin Biebers, you might be on the road coming home from work, going out to a party, or just running errands. As a personal injury attorney in Las Vegas, I know that there are a lot of accidents every year that could have been avoided by following a few simple guidelines. Here are a list of 5 things that motorists should do to make sure they’re keeping themselves and the children of Las Vegas safe on Halloween night.

  1. Be aware of the Situation It’s not difficult to see that Halloween is different than any other day of the year. How many times do you see President Obama, Luke Skywalker, and Elmo walking down the street together? It’s a different kind of day for motorists, too. You shouldn’t treat driving on Halloween like you do any other night of the year. 
  2. Slow Down! Treat every road like a residential street. And treat residential streets like school zones during recess. Imagine that there are children everywhere, because there probably are.
  3. Think Like a Kid For many of us, this won’t be difficult. We need to remember that, on Halloween, children are excited about candy and costumes and may not be remembering about the “look both ways” rule.
  4. Treat Roads like One Big Crosswalk The house that gives out the best candy is always on the other side of the road. It’s the “grass is greener” principle. Children may not want to wait until they get to a crosswalk to get to the other side, because the candy might be gone by then!
  5. Reduce Distractions This means cell phones, directions to the party, people in the car… anything that could get in the way of you being able to drive. Tip: if you’re driving to a party in your costume, change into your costume (especially those clown shoes) when you get to your destination for best control of your vehicle.

It’s an exciting time of year. Parties, costumes and candy make Halloween a special time. Make sure you get through it with the spirit (pun intended) of the night, but in a safe way.

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.

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