News & Events

July 8, 2012

Supreme Court Affirmance

On appeal from a district court finding of summary judgment in favor of his client, University Medical Center (UMC), Jonathan D. Ballard, Esq. obtained an Order of Affirmance from the Supreme Court of the State of Nevada. After entertaining briefing and oral argument, the Supreme Court issued the order finding that Appellants lacked evidence to establish Respondents, UMC and treating physicians, breached the standard of care.

Appellants were patients of UMC and claimed they were subjected to unsafe medical practices during their admissions. Appellants alleged that during the admissions at UMC, physicians exposed them to a risk of infection with blood-borne diseases by engaging in the reuse of lidocaine vials, syringes and needles. In support of the claims, Appellants offered physician affidavits as evidence of the malpractice.

In ruling in favor of Respondents, the Court determined the affidavits were insufficient to defeat summary judgment. The Court found the arguments of Respondents persuasive by ruling that the affidavits lacked personal knowledge of the treatment provided to Appellants by the physicians in question and that there was no evidence UMC employees participated in unsafe practices.

June 25, 2012

Favorable Result

Theodore Parker III, Esq., as trial counsel for General Building Systems (“GBS”), obtained a dismissal for a waiver of costs after a 14 ½ week construction defect jury trial in Las Vegas, Nevada.  Plaintiff Sun Colony developed an age-restricted community within the master planned development of Summerlin called the Siena Project.  There are 575 single-family residences in the Siena Project built between 1999 and 2005.  In order to keep the homes out of litigation, co-plaintiff AIG, the excess insurer for the original builder (and the developer) paid two repair contractors, SC Wright Construction and McCormick Construction $5.1 million to repair the drywall cracking in each of the homes.  Our client, GBS, was the truss manufacturer for the project and manufactured and supplied the trusses to co-defendant KB Framers, the framing subcontractor who installed the trusses.  The main issue in this case involved a large number of ceiling cracks.
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