Strategies, Challenges, and Answers

The Immense Sacrifice Of Our Fallen Heroes Must Always Be Remembered . . .

“Was it worth it?”

This is a question, sometimes politically-loaded, that is often asked of family members and war buddies of our Fallen Heroes.

Arlington National Cemetery in Memorial dayMarine Corps General John Kelly recently offered a unique perspective. A veteran of Iraq and Afghanistan himself, General Kelly lost his youngest son, First Lieutenant Robert Kelly, while conducting combat operations in Helmand Province in 2010.

General Kelly was asked if the loss was worth it by a reporter with National Public Radio. He said, quote:

“I think what I tell families now is the only person really that has a right to answer that question – was it worth it? – is the young man or woman that lost their life. And I believe what they would say is that they were doing what they wanted to do. They were where they wanted to be. So that’s the answer, I think, to that question. It’s not for us that survived to answer it. I think it’s for those young people to answer. And I think they do answer it with their actions and obviously their lives.” – Unquote.

Who can deny the heartfelt wisdom and logic of General Kelly’s words? But just as we should not presume to speak for the Fallen, we can make the country for which they have died a better place – one that honors their sacrifice and epitomizes the ideals enshrined in our Constitution. [Continue reading]

Only Family Members Can Recover For Negligent Infliction Of Emotional Distress

Negligent Infliction Of Emotional Distress

Plaintiff Kellie Grotts was injured and her fiancé was killed in a motor vehicle accident.  Kellie wanted to recover damages for Negligent Infliction of Emotional Distress (NIED).  The trial court said that as a matter of law, Kellie was not “closely … [Continue reading]

Property Damage Alone Is Not Enough To Give Rise To A Claim For Emotional Distress

Claim For Emotional Distress

Ms. Clough was drag racing when her car left the roadway and crashed into the front of the Smith’s house.The Smiths were at home but were in the back yard when they heard the crash.  They went around to the front and found the Clough car lodged … [Continue reading]

Nevada Allows Recovery For Prenatal Injuries

Prenatal Injuries

Dorothy White was hurt when the car in which she was riding was hit by a car driven by Henry Rup.  Not only was Ms. White injured but so was her unborn child.  In fact, the injuries were so serious that they caused the child’s death.Ms. White … [Continue reading]

Insurance Company Must Stack Multiple UM Coverages If The Anti-Stacking Language Is Not Clear.

Multiple UM Coverages

Farmers issued two separate auto policies to the Torres family.  Both policies included uninsured coverage.The Torres daughter was injured when a moped on which she was a passenger crashed.  There was no coverage on the moped so Mr. Torres turned … [Continue reading]