Nevada Office Obtains Summary Judgment in Tort Case
Associate Alyce Foshee obtained summary judgment in a tort dispute, with the Eighth District Judicial Court (Clark County, Nevada) dismissing plaintiffs’ complaint which alleged causes of action for (1) malicious prosecution, (2) negligent hiring/training/supervision, (3) negligent infliction of emotional distress, (4) negligent performance of an undertaking, (5) nuisance, (6) aiding and abetting, (7) concert of action, (8) intentional infliction of emotional distress, (9) unreasonable intrusion upon seclusion, and (10) declaratory relief. The dispute arose following an attempted repossession of a vehicle owned by plaintiffs’ son which was located on plaintiffs’ property. Defendants were an investigation/repossession company and their agent hired by the lienholder of the vehicle to conduct the repossession, and a tow truck driver/company. Plaintiff was arrested, tried, and ultimately acquitted of assault with a deadly weapon after he reversed the vehicle while the tow truck driver was underneath it in an attempt to prevent the repossession. The civil lawsuit followed the conclusion of the plaintiff’s criminal trial. On the motion for summary judgment, the court found no evidence of causation and that plaintiffs were unable to establish each of the required elements for each of their causes of action based on the undisputed material facts.