Las Vegas Personal Injury Lawyers, Cap & Kudler, Have Recently Settled a Wrongful Death Claim
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A Wrongful Death suit was recently settled in Las Vegas by Allen A.
Cap, who
represented the heirs and Estate of a person killed when his pickup was struck by
another truck that had run a red light.
The other driver claimed to have...
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A Wrongful Death suit was recently settled in Las Vegas by Allen A.
Cap, who
represented the heirs and Estate of a person killed when his pickup was struck by
another truck that had run a red light.
The other driver claimed to have lost
consciousness as a result of an epileptic seizure, and his insurance company
claimed that they were immune from paying under the Sudden Medical Emergency
Doctrine, which has never been adopted in the State of Nevada.
Las Vegas, NV, October 23, 2009 -- A Wrongful Death suit was recently settled in
Las Vegas by Allen A.
Cap, who represented the heirs and Estate of a person who
died as a result of a traffic accident in December, 2004.
The decedent died when
his pickup was struck by another truck that had run a red light.
The other driver
claimed to have lost consciousness as a result of an epileptic seizure.
The other
driver s insurance company claimed that they were immune from paying for the death
under the Sudden Medical Emergency Doctrine.
This Affirmative Defense has never
been adopted in the State of Nevada.
In this case, the son of the clients represented by Cap & Kudler
( http://www.
capandkudler.
com ) was killed instantly as a result of the other
driver running a red light.
The other driver claimed that he had had an epileptic
seizure ( http://en.
wikipedia.
org/wiki/Seizure ).
There was no proof that the
seizure actually occurred.
The other driver s insurance company attempted to defend
this case under the "Sudden Medical Emergency Doctrine".
This Affirmative Defense
has been adopted in Ohio and a few other states, but has not approved as a valid
defense by the Nevada Supreme Court.
Where it has been accepted, the Sudden Medical Emergency Defense
( http://vegaspersonalinjurylawblog.
com/blog/?p=31 ) is available to Defendants who
cause an accident while impaired by a Sudden Medical Emergency such as a heart
attack.
Those states which have approved this Defense require that the emergency be
both sudden and unforeseeable.
In this case, expert witness testimony showed that
the Defendant failed to take his anti-seizure medications as instructed by his
doctor.
Allen A.
Cap notes that the "Defendant s failure to follow his doctor s
orders made this accident foreseeable.
"
Allen A.
Cap comments that the doctrine is unfair to the victims of accidents,
saying, "If the Doctrine is allowed, then the victims of personal injury accidents
bear the burden of another s illness.
" Cap goes on to note that, in a case such as
this, "only the Defendant s insurer benefits from the Sudden Medical Emergency.
The
Victim and / or the community become responsible for the medical bills, loss of
income and future care suffered by the victims and their families as a result of
the accident.
"
After investigating the Defense, Allen A.
Cap concludes "The end result of adopting
the Sudden Medical Emergency Defense is that accident victims of these unfortunate
accidents, regardless of the degree of their injuries, would not be able to collect
their damages from any liability insurance or from their own uninsured motorist
coverage.
This makes absolutely no sense.
The Sudden Medical Emergency Doctrine is
not logical and should not be accepted.
"
About Cap & Kudler:
Allen A.
Cap, of Cap & Kudler, has been representing victims of personal injury
accidents since 1984.
He has also represented the heirs of persons killed in other
automobile accidents in wrongful death product liability litigation.
Cap & Kudler have represented hundreds of victims of personal injury accidents who
were injured as a result of automobile accidents, slip and fall accidents, medical
malpractice and other injuries.
Allen A.
Cap and Donald C.
Kudler also represent
individuals and businesses in regards to contract, employment and other business
related matters, both pre- and post-litigation.
Visit Cap & Kudler s web site at
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