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Case of the Month

West's® Jury Verdicts - Nevada Reports

Rear-End Accident Causes Aggravation of Pre-Existing Back Injuries

Loving v. Gubler

Type of Case:
Vehicle Negligece - Rear-End Collision


Specific Liability:
Plaintiff in Front Vehicle-Stopped Traffic

General Injury:
Aggravated Spinal Nerve Injury

Jurisdiction:
State: Nevada
Court: District Court of Nevada, Clark County.

Related Court Documents:
Plaintiff's complaint: 2010 WL 10031960
Defendant's pretrial memorandum: 2013 WL 7864353
Verdict form: 2014 WL 834689
Judgment: 2014 WL 860816


Case Name:
Loving vs. Gubler

Docket/File Number:
10-A-630767-C

Result Amount:
Plaintiff, $264,806

Result Date:
January 27, 2014

Judge:
Valerie Adair

Attorneys:
Plaintiff: G. Dallas Horton, G. Dallas Horton & Associates, Las Vegas, NV
Plaintiff: David L. Thomas, G. Dallas Horton & Associates, Las Vegas, NV
Plaintiff: Monte Hall, G. Dallas Horton & Associates, Las Vegas, NV
Plaintiff: Christian Z. Smith, G. Dallas Horton & Associates, Las Vegas, NV

Defendant: Thomas E. Winner, Atkin Winner & Sherrod, Las Vegas, NV
Defendant: Chrtistine M. Booze, Atkin Winner & Sherrod, Las Vegas, NV

Result Type:
Jury Trial

Experts:
Plaintiff: Orthopedist: Selznick, Hugh, M.D., Las Vegas, NV

Defendant: Psychologist: Block, Andrew, Ph.D., Plano, TX
Defendant: Neuropsychologist: Kotler, Susan, Ph.D., Carson City, NV

Breakdown of Award:
Compensatory Pain & Suffering: $224,000
Compensatory Past Medical: $31,206
Compensatory Past Wages: $9,600
Total Compensatory Award: $264,806
Punitive Damages: $0
Hedonic Damages: $0
Property Damages: $0
Interest: $0
Other Damages: $0
Loss of Services: $0
Comparative Negligence Percentage: 0


Summary of Facts:
Sherri Loving, an adult woman, reportedly suffered an aggravation of pre-existing lumbar spinal stenosis resulting in lower back pain as a result of an automobile collision in which her vehicle, which was stopped on a westbound public roadway, was rear-ended by a vehicle driven by defendant Ryan Gubler and owned by defendant David Gubler. The plaintiff contended the defendants were negligent in the operation and ownership of the vehicle and alleged defendant David Gubler was liable pursuant to Nev. Rev. Stat. Sec. 41.440. The defendants denied liability and disputed the plaintiff's injuries.

Westlaw Citation:
2014 WL 1316568



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