6 results for 'judge:"Bulla"'.
J. Bulla finds the district court improperly dismissed the professional negligence action. The spinal surgery patient experienced pain, numbness and paralysis in his left leg after surgery, filing suit more than two years after an MRI showed the presence of a hematoma. Irrefutable evidence does not support the patient was placed on inquiry notice at this time. The patient's degree of diligence was diminished while under the surgeon's care, being continually reassured his condition would improve. Reversed.
Court: Nevada Court of Appeals, Judge: Bulla , Filed On: April 25, 2024, Case #: 86005-COA, Categories: Negligence, Medical Malpractice
J. Bulla finds the trial court improperly convicted defendant for misdemeanor domestic battery. Defendant and his wife were involved in an incident after he discovered she had an affair. Defendant denied strangling his wife, though he admitted to carrying her against her will in a "bear hug" after she had run off into the desert threatening suicide. The jury could have found that defendant's "bear hug'' was necessary, being he is a trained EMT, and the couple lived in a remote location. He was entitled to assert a necessity defense in connection with that act. Reversed.
Court: Nevada Court of Appeals, Judge: Bulla , Filed On: April 22, 2024, Case #: 86040-C0A, Categories: Evidence, Battery, Domestic Violence
J. Bulla finds the trial court properly convicted defendant for felony injuring or tampering with a motor vehicle. The court correctly instructed the jury on the proper measure of damages for the replacement value of replica, 1957 Chevy truck parts. However, one count of felony coercion was incorrectly based on force used on property and not a person. Affirmed in part.
Court: Nevada Court of Appeals, Judge: Bulla , Filed On: March 28, 2024, Case #: 85734-COA, Categories: Vehicle, Vandalism
J. Bulla grants the doctor's petition for a writ of mandamus challenging the county court's denial of his motion to dismiss a wrongful death suit. The inmate died after unsuccessful heart surgery, complicated by sickle cell anemia. The family members of the deceased, though having received requested medical records, did not file the complaint until after limitations had expired. No reason was given for the delay and, therefore, the court was required to dismiss the complaint.
Court: Nevada Court of Appeals, Judge: Bulla , Filed On: February 22, 2024, Case #: 86567-COA, Categories: Health Care, Wrongful Death, Prisoners' Rights
J. Bulla finds the district court improperly found for an attorney in this bankruptcy and property dispute. The bankruptcy court placed a lien on property purchased with funds misappropriated from the family trust. Though the attorney is entitled to enforce any remainder of the lien, he is not entitled to a constructive trust, title to the property, or recovery for fraudulent transfer or conversion. The district court failed to recognize the preclusive effect of prior orders, and factual disputes remain. Reversed.
Court: Nevada Court of Appeals, Judge: Bulla , Filed On: November 22, 2023, Case #: 84908-COA, Categories: Bankruptcy, Fraud, Property
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J. Bulla finds the district court properly denied the employee’s petition for judicial review of the entirety of her workers’ compensation matter. Although the employee was treated for injuries to her head, scalp and several parts of her spine, she sought to reopen her entire claim solely due to a worsening condition in her lumbar spine. Substantial evidence supports the decision that the claim should be reopened as to the employee’s lumbar spine only. She has failed to show evidence to support treatment of other body parts covered in her initial claim. Affirmed.
Court: Nevada Court of Appeals, Judge: Bulla, Filed On: September 28, 2023, Case #: 85122-COA, Categories: Evidence, Tort, Workers' Compensation