In order for evidence of a prior injury or preexisting condition to be admissible, a defendant must present by competent evidence a causal connection between the prior injury and the injury at issue. FGA, Inc. v. Giglio, 128 Nev. ___, ___, 278 P.3d 490, 498 (2012). Furthermore, unless the connection is readily apparent to a layperson, an expert witness must be used to establish it. Id. Giglio, therefore, places the burden squarely upon Defendant to clearly establish the connection between any previous injury and condition and the current injury or condition complained of.
Steve is the Managing Shareholder of Steven J. Klearman & Associates, a civil litigation law firm located in Reno, Nevada. He practices primarily in the areas of civil litigation and injury law, and has authored one of the definitive guides to Nevada civil law that is widely used by Nevada judges and attorneys, his book entitled Elements of Nevada Legal Theories.