Jay Young | Retired Las Vegas, Nevada Judge | Mediator | Arbitrator | Special Master
PUNITIVE DAMAGES; DEFINITION OF CONSCIOUS DISREGARD OF RIGHTS OR SAFETY OF OTHERS A person acts with conscious disregard of the rights or safety of others when [he] [she] is aware of the probable dangerous consequences of [his] [her] conduct and willfully and deliberately fails to avoid those consequences. NEV. J.I. 1021 BAJI 14.72 Jay YoungHon….
PUNITIVE DAMAGES; RECOVERY AND MEASURE If you find that plaintiff suffered damage as a [proximate] [legal] result of the conduct of the defendant, and upon which conduct you base a finding of liability, you may then consider whether you should award punitive or exemplary damages against defendant [________________________ only], for the sake of example and…
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PERSONAL INJURY AND PROPERTY DAMAGE; CLOSING INSTRUCTION Whether any of these elements of damage have been proven by the evidence is for you to determine. Neither sympathy nor speculation is a proper basis for determining damages. However, absolute certainty as to the damages is not required. It is only required that plaintiff prove each item…
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WRONGFUL DEATH; PERSONAL REPRESENTATIVE AS PLAINTIFF; SPECIAL DAMAGE AND PENALTIES Plaintiff__________________________ is the personal representative of ________________________ , deceased. If, under the court’s instructions, you find that plaintiff____________ is entitled to a verdict against the defendant, you must then award him damages in an amount that will reasonably compensate the estate for any special damages,…
WRONGFUL DEATH; HEIR AS PLAINTIFF; GRIEF, SORROW, PAIN, SUFFERING, DISFIGUREMENT; NO DEFINITE STANDARD No definite standard [or method of calculation] is prescribed by law by which to fix reasonable compensation for grief or sorrow [or pain and suffering] [and disfigurement]. Nor is the opinion of any witness required as to the amount of such reasonable…
WRONGFUL DEATH; HEIR AS PLAINTIFF; PAIN, SUFFERING, OR DISFIGUREMENT OF THE DECEDENT If, under the court’s instructions, you find that [one or more of] the heir[s] is entitled to a verdict, you must also award to such heir[s] as damages an amount representing the pain and suffering [and disfigurement], if any, experienced by the decedent…
WRONGFUL DEATH; HEIR AS PLAINTIFF; GRIEF OR SORROW Any grief or sorrow suffered by the heir [and any grief or sorrow reasonably certain to be experienced by the heir in the future]. NEV. J.I. 10.15 NRS 41.085(4) Jay YoungHon. Jay Young (Ret.) is a retired judicial officer with decades of experience presiding over complex civil…
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Jay Young, a Special Master based in Las Vegas, Nevada, discusses the expanded role of Special Masters in court proceedings after the 2003 and 2019 legal amendments. His article details the appointment process, various functions, and significance of Special Masters in managing complex litigation. Contact him at armadr.com.