No. 71863 Fiola vs. Harley
Date: Tuesday, September 18, 2018 10:00 AM
Duration: 00:30:00 hour(s)
Location: Las Vegas
Details/Synopsis: Lucas Fiola and Oscar Gatez sued Amber Harley for injuries following a car accident. Harley admitted liability for the accident but contested whether the accident caused the plaintiffs’ claimed injuries. At trial, each side presented expert testimony and medical evidence regarding causation. Harley also presented evidence showing Gatez engaged in various activities inconsistent with his claimed injuries, including four still photographs from a pornographic video Gatez starred in following the accident. The jury found for Harley. Harley thereafter moved for her attorney fees and costs, and the district court granted the motion. ISSUES: Whether (1) the district court abused its discretion by awarding fees and costs jointly and severally without any analysis regarding whether to apportion fees and costs, (2) the district court abused its discretion by awarding fees and costs without analyzing the Brunzell factors in its written order, and (3) the district court was required to sua sponte give a limiting instruction at trial regarding the effect of Gatez’s pornographic photographs on Fiola’s case.