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Date: 08-16-2024

Case Style:

Hal Goldblatt and Shawn Goldblatt v. Lamonte Cunningham, et al.

Case Number: A-23-868786-C

Judge: Jacqueline M. Bluth

Court: 9th Judicial District Court, Clark County, Nevada

Plaintiff's Attorney:



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Defendant's Attorney: Not Available

Description:


Las Vegas, Nevada bad faith breach of insurance contract lawyer represented the Plaintiffs.


Plaintiff Hal Goldblatt and his wife Shawn sued Progressive after a 2022 accident that left Goldblatt with major fractures throughout his body and a traumatic brain injury which required extensive time in an intensive care unit and a lengthy recovery

Progressive denied wrongdoing.

The Plaintiffs claimed that Progressive "slow-rolled" them in an efforts to minimize the amount of their claim.

Progressive did eventually pay the Plaintiffs' claim.


08/05/2024 9:30 AM
- PHASE 2 JURY PRESENT: Opening statements by counsel. OUTSIDE THE PRESENCE OF THE JURY: Arguments by counsel regarding Plaintiff's opening statement. JURY PRESENT: Testimony and exhibits presented. (See worksheets). COURT ORDERED, Trial CONTINUED. 8/06/24 9:30 AM JURY TRIAL

08/06/2024 9:30 AM
- OUTSIDE THE PRESENCE OF THE JURY: Mr. Kimball advised the Court that he filed two motions which addressed statements made to the Jury during Defendant s Opening Statement related to the recorded statement and the delay in the service date of the Complaint. Mr. Kimball provide a summary of the Motion in his arguments and requested the Court give the jury judicial notice of the service date. Mr. Keating advised that although the service date of the Complaint may have indicated an earlier service date, since the Complaint was served on the State of Nevada Commissioner of Insurance there is lag time of when it was served and when Progressive was actually aware of service of the Complaint on April 27, 2023. Mr. Keating provided a summary of when the Complaint was actually received by Progressive. Mr. Kimball advised the second motion related to punitive damages which could be addressed during jury instructions. COURT so NOTED. JURY PRESENT: CONFERENCE AT THE BENCH. Following the conference at the bench, Court provided Judicial Notice to the Jury of the dates related to service of the Complaint and recorded statement. Testimony presented. (See Worksheets) OUTSIDE THE PRESENCE OF THE JURY: Colloquy regarding timing and scheduling matters. JURY PRESENT: Testimony presented. (See Worksheets) OUTSIDE THE PRESENCE OF THE JURY: Voir dire of witness regarding potential new or additional information and testimony related thereto. Arguments by counsels regarding the same. Following arguments by counsels, COURT stated its FINDINGS and ORDER. JURY PRESENT: Testimony presented. (See Worksheets) COURT ADMONISHED the Jury and, ORDERED, trial CONTINUED. OUTSIDE THE PRESENCE OF THE JURY: Mr. Keating advised of Mr. Kied's effort to appear in person tomorrow morning for the continuation of his testimony; however, if his scheduling efforts are unsuccessful he would appear by Zoom. COURT so NOTED. CONTINUED TO: 08-07-24 9:00 AM

08/07/2024 9:00 AM
- PHASE 2 JURY PRESENT: Testimony and exhibits presented. (See worksheets). COURT ORDERED, Trial CONTINUED. 8/08/24 10:30 AM JURY TRIAL

08/08/2024 10:30 AM
- JURY PRESENT: Testimony and exhibits presented. (See worksheets). OUTSIDE THE PRESENCE OF THE JURY: Arguments by counsel regarding expert witness. JURY PRESENT: Plaintiff rests. Testimony and exhibits presented. (See worksheets). Defense rests. COURT ORDERED, Trial CONTINUED. OUTSIDE THE PRESENCE OF THE JURY: Mr. Keating moved for a directed verdict. Arguments by counsel. Court stated its findings and ORDERED, Defendant's Motion for a Directed Verdict is GRANTED in regards to the Fraud claim and DENIED as to the remaining two. Colloquy between Court and counsel regarding jury instructions. 8/09/24 11:00 AM JURY TRIAL

08/09/2024 11:00 AM
- OUTSIDE THE PRESENCE OF THE JURY: Parties moved to WITHDRAW audio recording exhibit. COURT ORDERED, Joint Exhibit 13 WITHDRAWN. COURT NOTED having watery eyes today and intends to inform the Jury to avoid showing any emotion regarding this case. JURY PRESENT: Court instructed the Jury. Court disclosed to Jury potentially having allergies and brought to their attention that her right eye is watery; and directed Jury to ignore it, as it is important that the appearance of the Court remains neutral. Closing argument made by Mr. Jones and Mr. Keating. CONFERENCE AT THE BENCH. OUTSIDE THE PRESENCE OF THE JURY: COURT NOTED Jury Instructions SETTLED last night; and parties agreed that Jury Instructions given were accurate. Parties confirmed Special Verdict Form. JURY PRESENT: Rebuttal arguments made by Mr. Jones. CONFERENCE AT THE BENCH. Marshal SWORN at 2:14 p.m. At the hour of 2:15 p.m., the Jury retired to DELIBERATE. OUTSIDE THE PRESENCE OF THE JURY: Mr. Keating made record regarding statement made by Mr. Jones regarding withholding a deposition transcript. Mr. Jones responded that it was not supplemented. COURT SO NOTED. (At 4:00 p.m., Courtroom Clerk Kathryn Hansen-McDowell present in place and instead of Courtroom Clerk Pharan Burchfield.) OUTSIDE THE PRESENCE OF THE JURY: Court made a record regarding a question from the jury during deliberation. JURY PRESENT: At the hour of 4:16 p.m., the Jury RETURNED with a VERDICT in favor of the Plaintiff. PUNITIVE DAMAGES PHASE: JURY PRESENT: Alternate jurors returned to the courtroom. Argument by Mr. Jones. Argument by Mr. Keating. Rebuttal argument by Mr. Jones. At the hour of 4:49 pm, the jury retired to DELIBERATE as to punitive damages. OUTSIDE THE PRESENCE OF THE JURY: Court made a record regarding the punitive damages verdict form. JURY PRESENT: At the hour of 5:46 p.m., the Jury RETURNED with a VERDICT in favor of the Plaintiffs for punitive damages. Court thanked and excused the jury.

Outcome: Plaintiffs' verdict for punitive damages in the amount of $100 million.

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Defendant's Experts:

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