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Exemplar Settlements and Judgments
Licensed in Nevada and California
June 2008 -- Settlement Reached in Automobile Accident Claim Involving Soft-Tissue Injuries
In June 2008, an automobile accident case involving soft-tissue injuries settled for at-fault driver's insurance policy limits of $15,000 and payment from underinsured carrier of injured driver of $38,500. Gross settlement was $53,500.
June 2008 -- Settlement Reached in Construction Defect Action Involving Soils Movement and Resulting Damage
In June 2008, a settlement was reached in a construction defect case involving a home in North Las Vegas. It suffered from substantial and pervasive cracking and damage due to improperly prepared soils and highly expansive soils conditions, and a slab/foundation that was underdesigned. The case was litigated for almost two years and recently settled at mediation shortly before arbitration. The terms and amount of settlement are confidential.
June 2008 -- Settlement Reached in Construction Defect Claim
Before a lawsuit was filed, a construction defect claim alleging soils defects and resulting damage to a house and pool was reached. The terms and amount of settlement are confidential.
June 2008 -- Settlement Reached in Construction Defect Claim
Before a lawsuit was filed, a construction defect claim involving personal injuries (the personal injury claims are headed to litigation) was resolved. The terms and amount of settlement are confidential.
March 2008 -- Settlement Reached in Condo Case
A case involving multipe condominums with water intrusion and resulting property damage and mold was settled. Over two years of litigation ensued, numerous depositions proceeded, and extensive discovery and motion practice occurred. The homeowners association denied liability and tried to make homeowners make claims on their own insurance. Its only defense was being broke. Evidence showed that inadequate reserves were maintained for repairs and a former property management company had embezzled funds. Experts for the homeowners estimated the damage at $90,000 per condo. Much of that cost was for mold remediation. The terms and amount of settlement are confidential.
December 2007 -- Settlement Reached in Single Family Semi-Custom Home Case
This single family semi-custom home case involved numerous construction defects and code violations. This case started in 2003 with a Chapter 40 notice being served on a large, well known builder in town. After numerous years of pre-litigation, litigation, mediating and discovery, the case settled for a confidential amount which permitted the homeowners to perform necessary repairs. The terms and amount of settlement are confidential.
August 2007 -- Construction Defect Claim Settles for Repair Costs and Attorney's Fees
In August 2007, a construction defect claim involving a house which had numerous defects, including those related to the roof, stucco, concrete, drainag and grading, resolved without a lawsuit being filed. The homeowners received funds to repair their house, and those repairs were initiated on or about the time that settlement funds were received. Part of the settlement included attorney's fees and expert fees. The amount and terms of settlement are confidential.
July 2007 -- Automobile Accident Claim Globally Settles for Multipe Policy Limits
In July 2007, two automobile accident claims involving the same client (accidents within months of each other) globally settled for liability policy and underinsured and medical payments limits. The client sustained serious injuries, which resulted in a back surgery. First, liability insurance carriers for the at-fault drivers paid funds under their policies, one of them tendering its policy limits of $100,000. Since the driver in one of the accidents was underinsured, this firm obtained the policy limit from its client's underinsured insurance policy ($200,000). Then, we recovered the policy limits of medical payments coverage for one accident under our client's automobile insurance policy ($8,000), and partial payment for the other accident ($12,250).
June 2007 -- A Lawsuit Settled against a Large Public Utilities Contractor for Vibratory Induced Settlement and Resulting Damage caused to 6 Homes in a Cul-De-Sac
In August 2005, this firm substituted as counsel for 6 homes and their homeowners in a cul-de-sac in Las Vegas, Nevada. The case involved a large public utilities contractor for the City of Las Vegas which caused vibratory induced settlement to occur, which resulted in substantial earth movement and damage to 6 of 8 houses in a cul-de-sac. After over a year of fierce litigation against 2 competent defense firms, the case settled just prior to trial for a confidential amount.
May 2007 -- West's Jury Verdicts, Nevada Reports
In the May 2007, edition of West's Jury Verdicts, Nevada Reports, the jury verdict and judgment obtained by Neal Hyman on behalf of his Pahrump homeowner client is published [click to read publication]
April 2007 -- Construction Defect Claim Settles Before Lawsuit for an Amount Including Reimbursement for Repairs Already Made and Future Repairs Costs and Attorney's Fees
In April 2007 -- a homeowner settles her claim against a builder in Clark County for repair costs she had spent over a period of years, costs to repair existing defects and attorney's fees.
April 2007 -- Settlement of A Lawsuit against a Large Interstate Bank in Clark County due to a Defective Access Ramp which Violated Building and Accessibility Codes
On April 6, 2005, two senior citizens filed a lawsuit against a large bank in Clark County for a defective access ramp which violated building and accessibility codes. This firm substituted as counsel and engaged in vigorous discovery and fierce litigation. The injured plaintiff sustained serious injuries when falling down on the ramp, which resulted in a back and wrist surgery. Her medical bills were over $100,000. Just prior to trial, the case settled for a confidential amount.
January 2007 -- Automobile Accident Claim Globally Settles for Near Policy Limit on One Claim and Partial Policy on Another Claim
In January 2007, two injured clients in the same vehcile globally settled their claims for the policy limit on their uninsured policy and partial payment for the other injured client. Both clients were in a vehicle which was hit by a driver who left the scene of the accident. He did not have any insurance. The more seriously injured client was smashed into the windshield and sustained injuries to her face and eye. They recovered a gross monetary settlement of $86,000, and over $20,000 was received in medpay insurance.
January 2007 -- Settledment with Nursing Home for Neglect of Elderly Resident and Undetected and Untreated Bedsores
On October 12, 2006, this firm initiated a claim against a nursing home in Clark County. The nursing home had insufficient and untrained staff who failed to detect and treat bedsores, which escalated to Level 4 without proper detection or treatment, or notification of family members. It also failed to follow proper procedures for feeding and caring for residents. The elderly resident was ultimately transferred to a wound treatment hospital where she passed away. The claim was resolved prior to a lawsuit being filed for a confidential amount.
June 2006 -- Homeowners Settled their Construction Defect Claims with a Large, Interstate Builder
Allegations involved defective trusses and assorted other defects. At mediation prior to a lawsuit being filed, the case settled for a confidential amount, which included monies for stimga/risk and disclosure obligations associated with the house. The claim settled for a confidential amount prior to litigation.
June 2006 -- Large Jury Verdict in Pahrump, NV
Neal Hyman obtained a jury verdict [click to read publication] on behalf of his homeowner client in Pahrump, Nye County, Nevada, in the amount of $552,501. With respect to the builder, seller and seller's real estate agent, after attorney's fees, costs and pre-judgment interest were awarded, the total judgment against that party alone was $715,620. It involved construction defect claims against a builder of a house, seller disclosure violations against a seller of a house and real estate agent disclosure violations against a listing agent and buyer's agent. The jury found that the builder/seller/real estate agent was negligent and fraudulently concealed defects and water intrusion, and found that the buyer's agent was negligent.
February 2006 -- Settlement with Pharmacy for Negligence in Mislabeling Prescription
On December 21, 2005, this firm filed a lawsuit against a pharmacy due to its mislabeling of prescription mediation. The injured plaintiff was taking four times the prescribed dosage, which caused her to be in a zombie-like state for a period of 3-4 weeks. The case settled soon after a lawsuit was filed for a confidential amount.
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