NV Energy sues to curb probe of fatal wreck

By Steve Green

Sunday, Jan. 22, 2012 | 12:03 p.m.

NV Energy is complaining that a Las Vegas law firm is using "improper and unethical" measures to find evidence about November's fatal traffic accident involving an NV Energy truck.

On Nov. 4, the wife of a Nellis Air Force Base airman was killed and two other Air Force wives were injured when their vehicle collided with an NV Energy truck in North Las Vegas.

The woman who died was identified as Tayler Council, 20.

In the aftermath of the crash, NV Energy filed suit last week in Clark County District Court against the law firm Jolley, Urga, Wirth, Woodbury and Standish Ltd. (JUWWS).

NV Energy's lawsuit says that after the wreck, it was notified by JUWWS that JUWWS was representing "certain individuals" involved in the wreck.

NV Energy says that while the facts about the "motor vehicle incident are still unsettled," JUWWS has jeopardized NV Energy's right to a fair trial by launching a media campaign "to obtain evidence of what it claims is a pattern of 'careless driving' and to help 'military families.'"

As part of its campaign, "JUWWS has been distributing a 'request for help letter,' in mass, to prospective witnesses not yet known to possess any information germane to the Nov. 4, 2011, vehicle incident," NV Energy's lawsuit says.

This "'request for help' includes prejudicial editorial comments which were posted anonymously on the web pages of local Clark County media outlets,"' the lawsuit says.

"The dissemination of such extrajudicial statements is both improper and unethical as it creates a substantial likelihood of materially prejudicing an anticipated adjudicative proceeding," NV Energy charges in the lawsuit. "The continued dissemination of these extrajudicial statements is severely impacting NV Energy's right to a fair trial."

NV Energy says in the lawsuit it demanded that JUWWS "discontinue its dissemination of prejudicial extrajudicial statements" but that JUWWS has declined to do so.

"NV Energy advised JUWWS that its mass mailing to prospective witnesses, prospective jurors and to the general populous of Clark County was improper and unethical," charged the lawsuit, filed by the Las Vegas law firm Weinberg, Wheeler, Hudgins, Gunn and Dial LLC.

Clark County District Court Judge Joanna Kishner on Friday set a Jan. 30 hearing on NV Energy's request for a temporary restraining order and a preliminary injunction that would block the law firm from distributing the allegedly prejudicial material.

A request for comment on the lawsuit was placed by the Las Vegas Sun and VEGAS INC with Jolley, Urga, Wirth, Woodbury and Standish. As of Sunday afternoon, the firm had not commented on the suit.