Case Results

Criminal Case Results/Wins


Practice Area: Personal Injury
Description: Slip and Fall/Trip and Fall

Summary: Client, a retired gentleman living at a large condominium community, was severely injured after tripping over a hazardous condition caused by the negligence of the Defendant landlord. Despite the Defendant landlord’s repeated denial of liability and the case proceeding deep into litigation, Mr. Tomsheck was able to convince the Court that the case had merit and the opposing party that the matter should settle for a significant award.

Outcome: Confidential Settlement well in excess of six figures


Practice Area: Personal Injury
Description: Motor Vehicle Accident

Summary: Client, a young female who was a full time student in addition to working in the health care industry, was severely injured in a motor vehicle accident. Her injuries included a rotator cuff tear requiring surgery and debilitating neck and back injuries. As the party responsible for the accident was in dispute, Mr. Tomsheck proceeded into litigation against both. Eventually, the matter resolved as to all parties with a significant settlement for client.

Outcome: Confidential Settlement well in excess of six figures, including the policy limits from three (3) insurance companies.


Practice Area: Personal Injury
Description: Motor Vehicle Accident

Summary: Client, an individual with a position of prominence at a well-known strip casino facility, was severely injured in an automobile vs. motorcycle accident. Client spent a significant time in the hospital, and suffered irreversible and catastrophic injuries. While the opposing party initially denied responsibility, Mr. Tomsheck was able to convince the at fault drivers representation that their client was responsible for the entirety of the accident and the terrible injuries that occurred thereafter. This led to settlement of the entire case which allowed for client to resolve all of his medical injuries and receive a significant award for pain and suffering.

Outcome: Confidential Settlement in the high six figure range recovered from two (2) different insurance policies.


Practice Area: Personal Injury
Description: Motor Vehicle Accident

Summary: Client, a successful business man with a wife and children, was injured in a motor vehicle, was involved in a rear-end motor vehicle accident. The property damage to his vehicle was almost non-existent and client believed at first he had not been injured. Shortly after the accident, client developed severe pain in his neck and into his shoulder. Upon further examination, it was revealed that he had suffered a previously undetected tear within his shoulder. The opposing party denied liability for years and fought the case in Court up until the time set for the Trial to begin. On the eve of Trial, the opposing party settled the case for a significant amount including our client’s medical bills and a large settlement for pain and suffering.

Outcome: Confidential Settlement in the high six figure range.


Practice Area: Personal Injury
Description: Medical Malpractice

Summary: Client, an educated woman with a successful career, was injured due to the actions of a licensed health care provider. Despite the doctor’s ongoing treatment and attempts to correct the issues his care had created, our client’s condition got repeatedly worse. Eventually, client was forced to undergo painful and embarrassing treatment from another doctor to correct the damage done by Defendant doctor. The case proceeded into litigation and eventually to a trial by jury. The jury returned a verdict for our client after only forty-five (45) minutes of deliberation.

Outcome: Plaintiff’s Jury Verdict and Judgment well in excess of six figures representing a multiple of over 18 times the cost of the medical bills in the case.

Criminal Case Results/Wins


State of Nevada v. “client S”

Practice Area: Criminal Defense
Description: Malicious Injury to Vehicle.

Summary: Client, employed in law enforcement, was accused and charged with causing severe damage to the vehicle of another individual. The State claimed that there was overwhelming evidence against our client, including a depiction of our client committing the crime on video tape. Despite the State’s claims, our client maintained her innocence and the case proceeded to Trial by jury. At Trial, Mr. Tomsheck meticulously attacked the State’s case and was able to secure a not guilty verdict and acquittal on all charges.

Outcome: NOT GUILTY jury verdict


State of Nevada v. “client D”

Practice Area: Criminal Defense
Description: Battery with intent to commit a crime

Summary: Client was a young man charged with committing a severe battery as part of a desire to perpetrate a robbery on another individual. At Trial, Mr. Tomsheck argued that our client had not committed the battery and that the facts could not lead to a conviction. After Trial, Mr. Tomsheck was able to secure a NOT GUILTY verdict for client on this severe felony charge.

Outcome: NOT GUILTY verdict.


State of Nevada v. “client H”

Practice Area: Criminal Defense
Description: Attempt Murder with Use of a Deadly Weapon (2 Counts), Conspiracy to Commit Murder, Solicitation to Commit Murder, Battery with Use of a Deadly Weapon Resulting in Substantial Bodily Harm (8 Counts).

Summary: Client, a well-known local business owner, was accused of being part of a murder for hire plot to kill a relative and business rival. The allegations in the well-publicized case were horrific and, if convicted, Client faced the potential of over 200 years in Nevada State Prison. On the eve of Trial, Mr. Tomsheck was able to successfully exploit issues in the State’s case which resulted in Client receiving a very favorable plea which included no admission of guilt and the State’s agreement that Client would be given a probationary release, meaning he would serve no time in custody.

Outcome: Probation.


City of Las Vegas v. “client B”

Practice Area: Criminal Defense
Description: Felony Battery Domestic Violence / Strangulation.

Summary: Client, a businessman who travels throughout the United States for work, was charged with a heinous domestic crime for which he maintained his innocence. Upon Motion to the Court illustrating the State’s inability to prove their case, the Court issued a dismissal with prejudice, meaning the State cannot charge our client with anything related to this event in the future.

Outcome: Dismissal


City of Las Vegas v. “client W”

Practice Area: Criminal Defense
Description: Battery Domestic Violence

Summary: Client, a prominent local physician with hospital privileges at several valley hospitals was accused of a severe crime of Battery Domestic Violence involving the use of a weapon. Client insisted the allegations were monetarily and revenge driven and were untrue. On the day of Trial, Attorney Tomsheck was able to negotiation a complete dismissal of all charges and clients employment was not affected.

Outcome: Dismissal


City of Las Vegas v. “client C”

Practice Area: Criminal Defense
Description: Battery Domestic Violence Strangulation, Attempted Sexual Assault

Summary: Client, a businessman in the financial industry, was charged with severe Felony offenses which, if he was convicted, could include mandatory prison and up to 25 years in custody. Mr. Tomsheck was able to resolve the case with the prosecutor by obtaining numerous items of documentary evidence before the case proceeded to Trial, showing that the alleged victim had fabricated the charges against our client.

Outcome: Dismissal

CRIMINAL CASE RESULTS/WINS


State of Nevada v. “client R”

Practice Area: DUI Defense
Description: DUI – BAC over .18

Summary: Client, a General Manager of a well-known Strip establishment, was pulled over, arrested and charged with Driving under the Influence. Her BAC was over .18. Mr. Tomsheck identified several inconsistences with the police reports provided in discovery and the process for taking the client’s evidentiary sample. Before the case proceeded to Trial, Attorney Tomsheck was able to convince the prosecutor that the case should be reduced and was able to negotiate a no contest plea to a non-DUI violation.

Outcome: Reckless Driving


State of Nevada v. “client J”

Practice Area: DUI Defense
Description: Driving Under the Influence – “DUI” – 1st Offense

Summary: Client, a CEO of a banking industry business was arrested and charged with a DUI. A conviction would have been very embarrassing for the client and would have caused him to lose several business opportunities. Attorney Tomsheck conducted the DMV hearing on the client’s behalf and utilized the proceeding to establish several errors on the part of law enforcement during cross examination of the arresting officer. Because of the issues revealed, the State prosecutor reduced the charges at the time of arraignment and the case was resolved without the client ever having to go to Court.

Outcome: Reckless Driving.


State of Nevada v. “client B”

Practice Area: DUI Defense
Description: Driving Under the Influence – “DUI” – 1st Offense

Summary: Client, a business executive, was arrested at a police roadblock/DUI checkpoint and charged with Driving Under the Influence. According to Metro, the client failed all field sobriety tests and his blood alcohol concentration was far in excess of the legal limit of .08. According to the prosecutor, the case was lock solid and no offers were made prior to trial. If the client were to be convicted of the charge of DUI he would lose his job and the substantial salary and benefits that come with it. On the date of trial, Attorney Tomsheck successfully argued that the DUI checkpoint was outside of the boundary limits contained in the officer’s affidavit and media release. As a result, the charges were reduced and the case was closed. The client was able to keep his job.

Outcome: Reckless Driving.


City of Las Vegas v. “client J”

Practice Area: DUI Defense
Description: Driving Under the Influence – “DUI” – 1st Offense with accident

Summary: Client had a warrant issues for his arrest after a drunk driving incident in which he caused an accident, damaging another vehicle. Attorney Tomsheck arranged for client to surrender to authorities while at the same time working out a negotiation with the prosecutor’s office. Based on issues with the investigation identified by Mr. Tomsheck, the case was resolved to two (2) nonmoving violations (parking tickets) and the only penalty was a small fine.

Outcome: Parking ticket(s).


City of Las Vegas v. “client W”

Practice Area: DUI Defense
Description: Driving Under the Influence – “DUI” – 1st Offense with accident

Summary: Client, a retired business executive, was involved in a serious single car accident. He was arrested for DUI after a blood test revealed his blood alcohol concentration was in excess of .22. Attorney Tomsheck called into question the performance of field sobriety tests given the medical condition of the client, and was able to have the charges reduced to a non-DUI offense.

Outcome: Reckless Driving