Las Vegas Personal Injury Lawyer

On September 6, 2004, a fatal accident occurred that led to the death of one of the parties involved. Edward Rincon, Robert Sparks and John Oakes Jr were all involved in the crash.

Rincon was a salesperson at Courtesy Mitsubishi and had prospective buyer Sparks along for a test ride of a Lexus. During the test drive, Rincon drove at high speeds and then encouraged Sparks to do the same. After taking the wheel, Sparks sped through the streets of Las Vegas.

Oakes was almost through a left turn into an apartment complex when the Lexus struck his vehicle. In the collision, Oakes was ejected, having been unrestrained in the car. He was killed in the crash.

Subsequently, Oakes’ parents, Margaret Morgan and John Oakes Sr, filed a wrongful death law suit against Courtesy Mitsubishi as well as Rincon. The attorneys of Palmer & Associates, PC handled the case on Oakes’ side. The jury awarded approximately $12 million to the parents after finding in their favor.

Upon the decision, Edward Rincon, Robert Sparks and Courtesy Mitsubishi claimed that a new trial was needed because of errors in the evidence presented in the case. Among these errors, the company and drivers cited Oakes’ toxicology report and failure to wear a seat belt.

While the toxicology report showed positive for marijuana, the coroner admitted that he only drew cardiac blood, which can often give false results. In addition, there was not enough evidence to suggest that Oakes’ toxicological condition was a causal factor in the crash.

Also, the state of Nevada prohibits the introduction of evidence concerning whether or not a seat belt was worn at the time of  a crash to determine negligence or causation. Because of this, the defendants’ claims were disallowed.

The district court, therefore, was not abusing its discretion when it disallowed the defendants’ claims. The decision in the case still stands.

Unfortunately, accidents like this happen far more than they should. If you or someone you know has been injured in a crash, contact the Las Vegas personal injury attorneys of Palmer & Associates, PC at 702-888-2222.