Michael Lowry (Partner-Las Vegas) and Jonathan Pattillo (Associate-Las Vegas) obtained summary judgment in Nevada's federal court for a regional grocer client. The plaintiff alleged he was injured after slipping and falling in one of the client's Las Vegas stores. As a rule, Nevada requires medical expert testimony to satisfy the causation element in a negligence claim. An "obvious injury" exception exists, but did not apply to the injuries alleged. The district court concluded that the plaintiff had not met his obligation under FRCP 26(a)(2) to disclose medical expert testimony regarding medical causation and granted summary judgment.
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