Nevada Jury Instruction - 3.2 Civil Theft
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In Nevada, courts have recognized diminished value, and the victim of an accident can seek compensation for the difference between the pre-accident and post-repair value. Diminished value can also be claimed in contract law when a breach of contract has caused a loss in property value.
Nevada Pattern Jury Instruction 10.09 tells a jury how to award damages in a case of diminished value. The court instructs the jury that if repairs don't fully restore the value of the damaged property, the jury should award the victim the difference between fair market value and the value post repair.
Juries must consist of 12 jurors, but at any time before jury selection, the parties may stipulate in writing with the approval of the court that the jury consist of any number less than 12 but not less than six.
Ingly, the captain of the ship doctrine puts that responsibility onto the surgeon, who is more qualified to ensure that a surgery is mistake free. When mistakes happen, the surgeon has the liability because the surgeon was supposed to supervise and control the procedure.
Under the discovery rule, the statute of limitations doesn't run during the period before the victim discovered or should have discovered the injury. However, a person can't be willfully blind to their injuries, either. It all depends on what a reasonable person should have known or been aware of at the time.