A few of you have inquired about the G. Dallas Horton lawsuit mentioned in our March of the Morons post. While GDH didn't exactly "sue a flowerbed," the suit was quite ridiculous. The full opinion is available here (PDF link), but if you don't have time to read a 12-page opinion (what else do you have to do if you're reading this blog), we will do our best to brief the case below, law school-style: Issue: Do homeowners have a duty to warn passing motorists if they have constructed a flowerbed on the other side of their wall?Facts: Plaintiff was a passenger in a vehicle traveling 75 MPH in a 25 MPH zone. The vehicle ran a stop sign, lost control, and slammed into Defendant's cinder block wall. Defendant had constructed a flowerbed abutting the cinder block wall at the exact spot where Plaintiff's vehicle impacted the wall. Plaintiff sustained injuries that were worse than they would have been if the flowerbed was not there. Plaintiff claimed that said flowerbed made the wall into a "death trap." Plaintiff sued defendant for (1) negligently building the flowerbed, (2) failing to warn her of said flowerbed, and (3) negligence per se for building the flowerbed in a manner that violated the building code.
Procedural Posture: Appeal to the Supremes from the granting of a MSJ in favor of Defendant by (then) District Court Judge Michael Cherry.Holding: What are you, stupid? Affirmed. No duty owed. Oh, and by the way, make that Judge a Justice.
The opinion itself (apart from the facts) is a bit of a yawner. It could have been so much better if our Justices had the slightest sense of humor. Instead, we get a 12-page lesson on duties owed; which, of course, didn't get published.
Quick poll: (1) How many of you plaintiff's attorneys (aspiring or currently practicing) would have taken this case? (2) If you would have taken it, would you have gone forward with the appeal as well? Let us know in the comments.
Anybody who takes a case like this is desperate and/or stupid.
ReplyDeleteIs it possible to be liable for negligently building a structure that causes harm? Yes.
ReplyDeleteIs there any reason in heck to file this particular lawsuit which is a sure-fire loser? No, unless you're (1) trying to extort a nuisance settlement, or (2) trying to gain publicity at any cost.
I'm guessing that it was a "matter of principle" to the person injured and that it was clearly someone else's fault for his/her injuries. Otherwise, why in the world would the case have continued to the NV Supreme Court? Either way, I still can't believe it went up on appeal.
ReplyDeleteEven Dallas is smart enough to know this case had no merit. My bet is that it was an initiation rite to become a made member of the Medical Mafia, i.e. he had to prove his greed and lack of professional integrity to Vannah, Gage etc.
ReplyDeletevery nice thanks for sharing.............
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Smarry
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if you have been victimized by G. Dallas Horton, i would love to hear about your situation. he dropped my case for no obvious reason and left me stuck with almost $200,000 in medical bills. perhaps we all need to band together and explore OUR legal rights. please email me at lyar44@yahoo.com there is strength in numbers. please don't delay. write to me and explain your situation. thanks
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