Earlier this month, an appellate court in Nevada issued a written opinion affirming the reversal of a $1.2 million jury verdict in favor of a wrongful death plaintiff after a lower court determined that the plaintiff’s attorney committed fraud on the court. In the case, Adams v. Fallini, the court upheld the lower court’s decision to reverse the verdict, based on statements made in court documents that were known to be untrue when they were made.
The plaintiff in this case was the mother of a man who was killed when he struck a cow while driving on a Nevada highway. In Nevada, there is an “open range” law that prevents a farm owner from being held liable if one of his animals causes a traffic accident while in an area specifically designated as an open range.
After her son’s death, the plaintiff filed a wrongful death lawsuit against the defendant, who owned the animal that caused the accident. The defendant’s attorney failed to respond to the allegations, and judgment was entered for the plaintiff in the amount of $1.2 million. Once the defendant realized her attorney failed to participate in the case, the defendant sought reconsideration, but that request was denied.