Nimfa Escobia vs. Kevin Raspperry

Case Background

On October 18, 2021, Nimfa Escobia filed a wrongful death lawsuit after her husband passed away in a catastrophic motor vehicle accident en route to church caused due to the negligence of Raspperry who was speeding under the influence.

The case was filed in the Eighth District Court of Nevada-Clark County. Judge Mark Denton presided over this case. [Case number: A-21-842834-C]

Cause

On October 27, 2019, a fatal crash involving a bus resulted in the wrongful death of Plaintiff Marcial Escobia. The incident took place at 7:54 a.m. near Tropicana Avenue and Rainbow Boulevard. Kevin Rasppery, the defendant, was allegedly speeding over 100 mph on a road with a 45 mph limit. At the time of the collision, Marcial Escobia and his wife, Nimfa Escobia were at an intersection when Rasppery’s vehicle struck their vehicle.

Rasppery, who was driving more than twice the legal speed limit, was also under the influence of alcohol, methamphetamine, ecstasy, and marijuana. His impaired state and excessive speed were major factors contributing to the deadly crash.

Injury

Rasppery’s negligence resulted in Marcial Escobia’s wrongful death and caused significant injuries to his wife, Nimfa Escobia.

Damages

Nimfa Escobia sought compensatory and punitive damages following the wrongful death of her husband. She aimed to secure compensation for the emotional and financial losses she suffered.

Key Arguments and Proceedings

Legal Representation

  • Plaintiff(s): Nimfa Escobia | Estate of Marcial Escobia
    • Counsel for Plaintiff(s): Kimball Jones | Jacob G Leavitt
  • Defendant(s): Kevin Phillip Raspperry
    • Counsel for Defendant(s):  Jason Fowler | George Ranalli

Key Arguments by Counsel

Nimfa’s attorney, Kimball Jones of Bighorn Law, described to jurors how Raspperry crashed into Nimfa and Marcial’s car at an intersection while speeding at 107 mph in a 45 mph zone.

The collision occurred while Marcial, a former priest working as a nurse, was on his way to church. At the same time, Raspperry was returning home from a bender the night before and was under the influence of multiple substances, including alcohol and drugs, at the time of the crash.

Claims

The trial focused solely on determining damages after Judge Mark Denton granted a motion for summary judgment. In his ruling, the judge found Raspperry liable for Marcial Escobia’s wrongful death, following his criminal conviction for the crash. As a result, the issue of liability was settled, leaving only the question of appropriate compensation. The plaintiff’s legal team then sought $90 million in compensatory damages for the wrongful death of Marcial Escobia.

Defense

The defense argued for a reduced award of $7 million and opposed any punitive damages. They contended that the amount sought by the plaintiff was excessive.

Jury Verdict

On October 11, 2024, a Clark County jury awarded plaintiff Nimfa Escobia $50 million in compensatory damages and $500 million in punitive damages.

After the trial, Jones said, “We feel good about the punitive award on appeal. This is a tragic case of an avoidable wrongful death crash. Defendant Raspperry’s behavior was about as reprehensible as it gets.”

Court Documents:

Available upon request

Press Release:

CVN