$450 Thousand Dollar Victory for Civil Rights
On December 29, 2022, the Nevada Supreme Court ruled that the citizens of Nevada had a right to bring a private right of action under the Nevada Constitution, Article 1, Section 8, in Mack v. Williams 522 P.3d 434. Matt Pfau and Marjorie Hauf just completed the first civil rights case tried under the Nevada Constitution in our state’s history.
In 2018, the Henderson police approached a suspected shoplifter in Sportsman’s warehouse. The store’s loss prevention department called the police because the suspected shoplifter was carrying a gun. At least 7 officers responded. Two approached the suspected shoplifter, guns drawn, in the middle of the store with customers and employees everywhere, causing him to flee. He tripped over a mannequin and fell to the ground in close proximity to an assistant manager of the store, Jim Herndon. Jim is a retired law enforcement officer. He could not see the officers giving chase behind the racks and shelves, and knew something bad could happen if the suspected shoplifter was allowed to get up. He jumped on the suspected shoplifter to restrain his hands. Four officers piled on. Sargent Michael Gills then approached and without assessing who was who delivered a strike to the assistant manager’s head with the butt of a rifle, then grabbed his neck, and kneed him twice in the face causing a concussion and a blow out orbital fracture. Jim’s hands should have been fully visible to Sergeant Gillis the whole time.
The case had a complicated procedural history. We were originally in federal court, where the defense filed and won a summary judgment motion on the federal court claims. The federal court declined to exercise supplemental jurisdiction over the negligence claims, so we ended up back in state court. Mack came down so we moved and were granted the right to amend to include state constitutional claims. Our police practices expert was Seth Stoughton who was also the expert in the George Floyd case. The trial went 2 weeks in front of Judge Reynolds. The jury deliberated for about 6 hours and came back with a $450,000 verdict on findings of negligence (50% on Sergeant Gillis and 50% on Jim for involving himself), excessive force against the sergeant and deliberate indifference against the city. We are not sure the verdict is high enough to send the message the City of Henderson needs to hear to keep our community safe, but it is a start and we are very proud of Jim for fighting for the safety of his community over the last 6 years.
$10.8 Million Dollar Victory for Trampoline Case
A jury trial lead by partners Marjorie Hauf and Matt Pfau resulted in a $10.8 Million dollar verdict for their client (a 15-year-old boy) that was seriously injured on a trampoline in a gymnastics facility that specialized in parkour. Through the work of Marjorie and Matt it was uncovered that this facility hired unqualified staff that was not properly supervising the trampoline where our client was injured. It was also uncovered that this gymnastics/trampoline facility allowed minors to use the trampoline unsupervised knowing that it was dangerous to do so. Our client broke both of his legs at his shins requiring that rods be placed in the marrow of his bones which resulted in lifelong nerve pain. In response to this gymnastics/trampoline facility’s negligence and our client’s severe ongoing disability, a jury compensated our client with the money that he needs to deal with the lifelong pain caused by this negligent amusement facility.
$1.75 Million Victory for Trucking Wreck
H&P Law forced a tractor trailer driver to be held accountable for his dangerous distracted driving. In 2016, a drowsy or distracted Swift tractor trailer driver rear ended our client, a clergyman returning from a religious mission on a rainy, dark Arizona highway. As soon as the tragic crash happened. Swift Trucking sent out its Rapid Response defense team specialist to begin the cover up. Swift trucking and its driver denied this rear-end crash was their fault from day one, but we were able to show the jury the truth and obtained a seven figure verdict for a very deserving client.
$1.5 Million Verdict for Uneven Walkway Tripping Hazard
Defendants offered only $40K prior to trial on a case where the Plaintiff fell because a local outlet mall did not fix an out of code utility box. The fall created a cascade of problems for our client resulting in the inability to walk and do thing things she loves, like fishing with her grandson. The defendant worked hard to discredit our wonderful client at trial but we guided our client through the process allowing the truth to shine though the defense’s manufactured fog of lies. Once the Judge heard the whole case we presented, she agreed that our client’s inability to walk well after the fall was the outlet mall’s fault and gave our client the money she needs to compensate her for her significant pain and suffering, amounting to one and a half million dollars.
$270,332.33 Verdict for Low Speed, Minimal Property Damage Car Wreck
A distracted driver was approaching a red light and failed to stop, rear-ending the young woman stopped at a stop light. The damage to the cars was not significant but the woman, who had never had any neck or back problems before the wreck, was in significant pain. The client needed months of physical therapy and chiropractic care, but her pain did not go away. The woman then required injections in her neck and back to help reduce pain, but the pain still did not completely resolve.
We provided the insurance company that represented the man who hit our client with all of our client’s medical bills and reached out to attempt to achieve a fair settlement. The most that the insurance company would offer our client was $23,001. This amount did not even cover our client’s medical bills. So, we took the man that caused the wreck and the insurance company to trial.
At trial, the man who caused the wreck claimed that the impact was so minimal that there is no way that the young woman could have been injured. After we introduced the evidence and argued fervently for our client, the jury determined that the man was responsible for our client’s injury and determined that he should pay our client $270,332.33.
