The hearing of a compensation claim for a slip and fall injury in Lowes has begun at the Nevada Eighth Judicial District Court before Judge Ronald Israel.
The compensation claim for a slip and fall injury in Lowes was made by Kelly Hendrickson (38) from Las Vegas, who visited the Home Improvement Store on S. Fort Apache Road in July 2013 to shop for palm trees.
As Kelly was entering the garden center area of the store, she slipped on water on the concrete floor and fell. Kelly fractured her skull in the accident and sustained brain damage – due to which she has lost her senses of taste and smell.
Kelly sought legal advice and – after her lawyer had discovered thirty other slip and fall accidents in the company´s stores in the past five years – made a compensation claim for a slip and fall injury in Lowes.
Lowes denied all responsibility for Kelly´s injuries and argued that she should have watched where she was going as there was a four-foot-tall caution cone on the floor warning customers of the slip hazard.
As no resolution to the compensation claim for a slip and fall injury in Lowes could be negotiated, the case went to the Nevada Eighth Judicial District Court where it was heard by a jury before Judge Ronald Israel.
At the hearing, lawyers representing Lowes claimed that the company had an excellent safety record in its stores and that the thirty previous slip and fall accidents were “one in a million” events.
Kelly´s lawyers told the jury that Lowes had been negligent by failing to provide a safe shopping experience for its customers, and also for erasing the video tapes from thirty CCTV cameras that were located within the S. Fort Apache Road store.
The hearing of the compensation claim for a slip and fall injury in Lowes continues, and is expected to carry on throughout next week.
A Las Vegas man is claiming compensation for burns from an e-cigarette battery that exploded in his trouser pocket, leaving him hospitalized for two days.
Daniel King (22), a slot technician from Las Vegas, was writing up notes in his car on February 8 2016, when he heard a loud “air-releasing noise”. The next second, the battery for his vaping device – that was placed in his left trouser pocket – caught fire and burned Daniel from his hip down to his calf.
Daniel was taken to the University Medical Center of Southern Nevada, where he received treatment for second and third degree burns on his leg, and a further burn on his hand from trying to extinguish the fire. He was kept in hospital for two days and continues to receive outpatient treatment at the hospital´s burns unit. Six weeks after the incident, Daniel is still unable to sleep on his left side.
Having sought legal advice, Daniel is claiming compensation for burns from an e-cigarette battery from the battery manufacturer and the vape shop at which it was purchased. He alleges that the manufacturer is aware of the risk of lithium ion batteries catching fight, yet the batteries contain no warnings nor safety instructions.
Lawyers supporting Daniel believe that his claim for compensation for burns from an e-cigarette battery has a solid chance of success. They claim that the batteries are not fit for purpose and point to the FAA´s endorsement of a ban on in-flight e-cigarette batteries which are known to have been responsible for several fires.
The claim for compensation for burns from an e-cigarette battery is also being supported by Daniel´s mother, Jane. She spoke with the Las Vegas Review Journal and said that the ordeal was devastating for her son. Jane explained that, after Daniel had been discharged from hospital, he spent a further three weeks recovering at home before he was able to work again.
The discovery of a previously unreported complaint form has implicated an assistant physical therapist in a Las Vegas claim for elder abuse.
The Las Vegas claim for elder abuse was made by the widow and daughter of Fredrick Knell – an eighty-nine year old resident of the Las Ventanas nursing facility in Summerlin, who was taken to the St. Rose Dominican Hospital on May 21, 2014, with a fracture of the left femur and severe bruising. Medical staff at the hospital also documented bedsores that were attributed to “severe neglect”.
Fredrick had surgery on his leg and was given a blood transfusion two days later. Tragically he never recovered from the trauma and died at the hospital in September.
While lawyers acting on behalf of the family were investigating the circumstances of Fredrick´s fractured leg, the presence of a complaint form came to light during an interview with the Director of Social Services at Las Ventanas – Sharon Shepherd. Ms. Shepherd told the lawyers that she had been told not to release the form, but the lawyers got a court order for Las Ventanas to hand it over.
The complaint form reveals that on the day prior to Fredrick´s admission to hospital, he had asked a nurse to call the police. According to the nurse´s report, Fredrick had pointed to his knee and told her “the therapist”. The nurse – Jackie Kinsey – did not call the police as she had been asked, but completed the form and forwarded it to her managers.
Following the discovery of the previously unreported complaint form, Charles Maribbay – an assistant physical therapist – and his employer, Aegis Therapies Inc., have been added as defendants in the Las Vegas claim for elder abuse. “The failure to disclose the document originally speaks for itself,” one of the lawyers told the Las Vegas Review-Journal.
The lawyer also told reporters that the director of nursing and the therapy manager at Las Ventanas were designated to investigate the complaint. Allegedly the section of the form that indicates what action was taken and whether the complaint was resolved remains blank. “This is a horrible, horrible case where even the police were requested to be called, but the facility did nothing,” the lawyer said.
Unless resolved beforehand, the Las Vegas claim for elder abuse is scheduled to be heard before Judge Gloria Sturman at the Clark County District Court in March 2017.
Passengers who were injured when a plane caught fire on the runway of McCarran International are claiming compensation for Las Vegas airport injuries.
On September 8th, a British Airways Boeing 777-200 was engulfed in flames as it prepared to take off from McCarran International, bound for London Gatwick. The cause of the fire is still officially under investigation, but it is understood that a turbine blade detached from the left engine of the plane and sliced through fuel and hydraulic pipes – the fuel igniting and causing the fire.
All 172 people on board the plane, including 13 crew, managed to escape the inferno. However, some passengers suffered injuries during the evacuation and – according to the British press – are now claiming compensation for Las Vegas airport injuries against a number of potential defendants.
One of the passengers – Steve Bingham (35) from County Down in Northern Ireland – suffered an arm injury and the effects of smoke inhalation. He has also been prescribed medication to help him cope with the emotional trauma. Steve told the British Daily Mirror:
“I’m still suffering from the incident and have regular flashbacks. You simply never expect something like this to happen. I am continuing to suffer from the effects of what happened but I know we are all incredibly lucky not to have been more seriously injured.”
Lawyers representing the passengers believe that they could be entitled to significant compensation for Las Vegas airport injuries. In addition to their physical injuries and the potential long-term harm caused by smoke inhalation, the lawyers say that the psychological injuries suffered by the passengers should not be underestimated.
The lawyers have urged the US National Transportation Safety Board (NTSB) to conclude their investigation quickly so that “appropriate measures can be implemented to improve flight safety” and in order that the passengers claiming compensation for Las Vegas airport injuries can have their claims resolved without unnecessary delays.
Nevada Senator Harry Reid has made a compensation claim for an injury from faulty exercise equipment against the makers of the TheraBand resistance band.
According to documents filed with the Clark County District Court, the compensation claim for an injury from faulty exercise equipment was filed by both Senator Reid and his wife – Landra Gould – and relate to events that occurred in the Senator´s Anthem Country Club home in Henderson on January 1st 2015.
In the lawsuit, it is alleged that Senator Reid was using a TheraBand resistance band to exercise in his bathroom, when the band snapped or slipped out of his hand – causing him to spin around and strike his face on a bathroom cabinet.
The Senator suffered terrible facial injuries including a loss of vision in his right eye, broken bones around his eye, severe disfigurement and bruising. He had to undergo several surgeries to repair the damage to his face and prevent blood from pooling in his damaged eye.
The compensation claim for an injury from faulty exercise equipment is being made against the manufacturers, marketers and distributors of the resistance band – Hygenic Intangible Property Holding Co., The Hygenic Corp. and Performance Health LLC for negligence and failure to warn.
Senator Reid alleges that the defendants knew or had constructive knowledge that there was a risk of injury to users – especially elderly users (Senator Reid is 75 years of age) who may not have such as strong hands and feet as a younger user of the resistance band.
An appropriate warning – Senator Reid states in his compensation claim for an injury from faulty exercise equipment – would have prompted him “to take precautions to avoid his injuries”. Senator Reid is seeking in excess of $50,000 compensation for his injuries.
The Nevada Supreme Court has allowed an injury claim for a slip in a Nevada Hotel to proceed after it was originally dismissed by a Nevada District Court.
On 9th October 2010, Sandra Biscay (79) was travelling with her family from California to visit her sister in Las Vegas. Rather than arrive at the sister´s residence late in the evening, Sandra and her family chose to book into the Gold Strike Hotel in Jean, NV, which would leave them a short journey to Las Vegas the following morning.
Due to her mature years, Sandra requested a suite that was suitable for the handicapped. When the family retired later that night, Sandra decided to take a shower; but, as she came out of the shower, she started to slip when she stepped onto the mat. Sandra reached out for something to hold onto, but the bathroom had no railing and she fell.
Initially, Sandra did not think that the slip and fall had caused her any injury; but, when her breathing was labored the following morning, Sandra reported the accident to the front desk, who summoned paramedics. The paramedics suggested that Sandra go to hospital, but as it was unlikely that the Las Vegas hospital would accept Sandra´s Californian insurance, she declined.
Instead Sandra filed an accident report and checked-out of the hotel to continue the journey to her sister. Because of the pain she was experiencing, Sandra was only able to stay in Las Vegas for two days, before returning to California. When she got home, she immediately visited her doctor, who diagnosed her with multiple rib fractures and a sprained shoulder.
After seeking legal advice, Sandra made an injury claim for a slip in a Nevada hotel against the owners of the Gold Strike Hotel – MGM Resorts International. In her legal action Sandra alleged that the disabled suite she had requested was not suit for purpose, and she supported her claim with the copy of the accident report on which a hotel employee had voluntarily added that the hotel was at fault.
As they were entitled to, MGM Resorts filed a demand for the security of costs in September 2012. Sandra did not file the security until March 2013, and nine days later MGM Resorts moved to have the injury claim for a slip in a Nevada hotel dismissed – alleging that Sandra had failed to file the security bond within thirty days of the demand notice contrary to NRS 18.130(4).
The Nevada District Court found in MGM Resorts favour and dismissed the injury claim for a slip in a Nevada hotel; but Sandra appealed the decision to the Nevada Supreme Court – who ruled that MGM Resorts´ motion to dismiss should have been denied, and that the District Court´s decision was an abuse of its discretion.
The injury claim for a slip in a Nevada hotel has now been returned to the District Court for a hearing to be scheduled later this year.
Nevada lawyers have claimed that some drivers are being denied compensation for car accident injuries in Las Vegas due to Metro´s new policy of not attending “no-injury” collisions.
On the 3rd of March, the Las Vegas Metropolitan Police Department (Metro) announced that it was no longer going to attend car accidents in which there was no obvious injury. Metro also announced that it would no longer accept crash reports, which instead should be reported to the Nevada Department of Motor Vehicles for record-keeping purposes.
The new policy has not only caused confusion among drivers who have only sustained property damage, but has – according to some Nevada lawyers – also resulted in drivers being denied compensation for car accident injuries in Las Vegas when the injuries do not become apparent for hours or days after an accident has occurred.
The issues with the new policy are that – formerly – a Metro officer´s opinion of who was to blame for an accident would be sufficient for an insurance company to settle claims for compensation for car accident injuries in Las Vegas. Without that independent and experienced opinion, a number of motorists (it is claimed) have abandoned their personal injury claims due to a perceived lack of evidence.
Similarly, when claims go to court, although a Metro officer´s opinion was not admissible as evidence, he or she would have been able to testify as to statements made by the plaintiff and defendant and his or her observations. Without this unbiased presence, Nevada lawyers claim that it is becoming more difficult for drivers to claim compensation for car accident injuries in Las Vegas.
The lawyers advise that drivers injured in car accidents in Las Vegas should follow similar procedures to what the Metro would have done prior to the implementation of this new policy:
Take photographs of the roadway and the number plates of the other vehicles involved in the accident
Personally record the vehicle´s registration (don´t rely on somebody else to do this), driver´s license and insurance card
Take a note of the contact information for any witnesses who saw the accident, even if you believe you have sustained no injuries
Thereafter, complete a traffic accident form and submit it to the Nevada Department of Motor Vehicles. As soon as you suspect that you have been injured in the accident, seek professional medical attention and then contact a lawyer to discuss your entitlement to compensation for car accident injuries in Las Vegas.
Clark County Commissioners have approved a ban on all glass containers between Russell Road and Sahara Avenue to reduce the number of accidents on Las Vegas Strip.
From September 26th, everybody carrying a drink along Las Vegas Boulevard must do so in a plastic or paper container according to a new ordinance announced by Clark County Commissioners this week. The move comes in an attempt to reduce accidents on Las Vegas Strip and reduce the potential for injuries from violence, but the new law has been met with criticism by some bar and store owners.
The ordinance was approved after the Deputy Chief of the Las Vegas Metropolitan Police Department – Todd Fasulo – gave evidence to Commissioners that a ban on glass containers would help keep the resort corridor clean and cut down on the injuries from violence. Deputy Chief Fasulo said that there had been an increase in violent crime since 2011 where glass containers had been involved and one recent homicide.
However, Barry Yost – owner of a 7-Eleven franchise on the Strip – argued that there was not that amount of garbage on the Strip and that the move to ban glass could be detrimental to tourism in the area. He claims that making visitors to Las Vegas drink from plastic and paper containers will reduce the enjoyment of their experience and they will start to visit less often.
Local tourists were divided on the issue – some claiming that any move to reduce accidents on Las Vegas Strip was a good one, especially when a high volume of alcohol was being consumed, while others believed that the ordinance was not in keeping with the Strip´s reputation as a non-stop party venue.
How difficult the ordinance will be to enforce after September 26th is an issue for the Las Vegas Metropolitan Police Department, who will have the powers to charge people drinking from glass containers and fine them for a misdemeanor.
A Metro police officer narrowly escaped serious injury when hit by a car in a Las Vegas hit and run accident as he conducted an earlier crash investigation.
The unnamed officer suffered injuries to his knee and hip while investigating a crash that had occurred at the intersection of Windmill Lane and Eastern Avenue just before 6:00pm. According to colleagues at the scene, the traffic had been stopped but a driver went around the stationary vehicles, accelerated away and hit the officer.
The driver of the car subsequently hit another vehicle as he turned into Spencer Street – which police believe disabled his car – and fled on foot along with a passenger. Police apprehended the passenger quickly, and then detained the driver responsible for the Las Vegas hit and run accident a few hours later.
The injured officer was taken to the University Medical Center, where is recovering from his injuries. Police chiefs praised the officer for his quick-thinking to cling onto the front of the car and then pushing himself off and landing on his side. They said his actions probably saved him from more serious injury.
Fleeing a Las Vegas hit and run accident when a bodily injury has been sustained is a category B felony in Nevada, and the driver who hit the police office could face between two and fifteen years in prison along with a substantial fine and revocation of their license.
Update: Police later released the names of the driver and passenger apprehended after the Las Vegas hit and run accident. The driver – Jacob Groh (18) from Henderson – was booked on suggested charges of attempted murder and drug-related DUI, while his colleague – Aaron Miller (18) from Las Vegas – was booked on a suggested charge of failing to give an officer information at the scene of the accident.
A 25-year old man, who died in a Las Vegas motorcycle accident earlier this week, has been identified as John Thomas Strunk by the Clark County Coroner´s Office.
John Strunk became the fiftieth person to die this year in a traffic-related accident within the Las Vegas Metropolitan District, when he was fatally injured in a two-vehicle accident at the intersection of Lamb Boulevard and East Russell Road.
According to police reports, Strunk was driving his 2014 Yamaha motorcycle eastbound on East Russell Road at about 2:30pm in the afternoon, when a Chevrolet Equinox travelling westbound attempted a sudden left turn into Lamb Boulevard.
Strunk rode straight into the back of the Chevrolet and was killed at the scene. The 73-year-old driver of the Chevrolet was taken to Sunrise Hospital and Medical Center to receive treatment for minor injuries. Police are still investigating the Las Vegas motorcycle accident.
Fatal motorcycle accidents in Nevada – particularly in Clark County – are once again showing a year-on-year increase in 2014. The latest statistics available from the Nevada Department of Transport indicate that motorcycle accidents account for just 1.08% of all collisions, but 13.04% of fatal collisions.
A comparison of accidents involving motorcycles and accidents involving four-door sedans shows that motorcycle accidents are more likely to cause injury and death. A victim in a Las Vegas motorcycle accident is likely to be injured four-out-of-five times (fatally one-in-twenty times), whereas drivers of four-door sedans will only suffer an injury in one-out-of-three accidents (fatally one-in-four-hundred).
The Nevada Supreme Court has upheld a 2011 verdict by a Clarke County jury, which awarded more than $1 million compensation for a Las Vegas parking lot injury to the family of a man who later died of his injuries.
In June 2004, retired Air Force Major Michael Born (51) was attacked in the parking lot of the Las Vegas Wal-Mart by Raymond Garrett while attempting to change the headlight on his car. Born was knocked to the ground by the much larger Garrett, who robbed the retired Major of his wallet and then fled the scene.
Born was rushed to hospital in a coma after striking his head heavily on the ground when he fell. He died two weeks later from his injuries. Raymond Garrett – who was out on bail awaiting an attempted murder trial at the time of the attack – was subsequently convicted of murder and given a life sentence.
Born´s widow and his two daughters made a claim for compensation for the Las Vegas parking lot injury against Wal-Mart and their security company Wackenhut and, in February 2011, a Clarke County jury found the security company 100% liable for failing to protect Major Born from the attack and his untimely death.
The jury awarded each of Major Born´s widow and each of his two daughters $250,000 compensation for a Las Vegas parking lot injury and ordered that a further $276,000 be paid to Major Born´s estate. Wal-Mart was cleared of any negligence, having paid Wackenhut to provide security and deter crime on their premises.
Wackenhut appealed the jury verdict on the grounds that the attack on Major Born was unavoidable as the unarmed Wackenhut offices are trained to observe and report, but not intervene. District Judge Mark Denton refused the request for a new trial and Wackenhut appealed to the Nevada Supreme Court.
At the Nevada Supreme Court, Judges Gibbons, Douglas and Saitta found that a new trial was unwarranted, and upheld the original jury decision to award Major Born´s family more than $1 million compensation for a Las Vegas parking lot injury.
The Nevada Supreme Court has overturned a District Court decision in a claim for a knee injury at the Palms Hotel-Casino in Las Vegas and ruled that it should be re-tried.
Enrique Rodriguez was standing at the Sportsbook Bar in the Palms Hotel-Casino on 22nd November 2004, when an actress hired by the Palms Hotel and dressed as a cheerleader threw sports souvenirs to patrons of the bar during the halftime interval of a football game.
As items such as T-shirts, footballs and empty water bottles were thrown into the crowd, a female patron crashed into Rodriguez´ extended and stationary left knee – causing him to fall to the ground where he hit his head against the solid floor of the bar.
Rodriguez claimed that he had suffered knee pain, back pain, neck pain, sleep apnea, depression and obesity due to ingrown toenails as a result of the incident, and he made a claim for the knee injury at the Palms Hotel-Casino alleging premises liability and negligent supervision.
In a non-jury trial in April 2011, Clark County District Court Judge Jessie Walsh found in Rodriguez´ favor and awarded him $6.6 million compensation for his knee injury at the Palms Hotel-Casino which included more than $2.1 million for past and future medical expenses.
The Palms Hotel disputed the amount of the award and appealed the verdict on the grounds that Judge Walsh had excluded testimony by a security official about the crowd control that would have been favorable to the Palms.
At the Supreme Court in Nevada, a three-judge panel ruled that, although the Palm Hotel was still liable for the accident, the claim for a knee injury at the Palms Hotel-Casino should be re-tried at the District Court with a different judge, and without the testimony of a doctor who treated Rodriguez after the accident.
Judges have ordered Century Surety Co. of Michigan to reimburse the Casino West Motel in Yerington in respect of compensation for carbon monoxide poisoning in the Nevada motel that Casino West has already paid to the families of victims in the 2006 accident.
In June 2006, Phillip Doll (26), Juan Pablo Chavez (27), Juan´s wife Veronica Espinoza Chavez (20) and their friend Donna Vega-Robles (30) died at the Casino West Motel when lethal fumes from a malfunctioning swimming pool heater entered their room and suffocated them.
It was subsequently discovered that the ventilation system of the room in which the swimming pool heater was situated had been mistakenly blocked off, and the families of the deceased claimed compensation for carbon monoxide poisoning in the Nevada Motel against Casino West.
Between November 2007 and April 2008, Casino West settled the claims made by the four families for undisclosed amounts, and then attempted to recover the amount paid from their insurers – Century Surety Co. of Michigan.
Century Surety denied that it was liable to reimburse Casino West for the compensation settlements it had agreed due to exclusions in its insurance policy which gave it the right to reserve coverage for the claims. Century Surety directed the motel to clauses which excluded the insurance company from liability when injuries were caused due to internal environmental pollution and poor air quality.
Casino West contested the exclusions as “ambiguous” but, in March 2010, the Nevada District Court found in Century Surety´s favor. In October 2013, the United States Court of Appeals for the Ninth Circuit gave Casino West permission to appeal against the decision.
Now the Nevada Supreme Court has ruled that where ambiguous language exists, it should be interpreted “to effectuate the insured´s reasonable expectations”. The court ordered Century Surety to reimburse Casino West for the compensation for carbon monoxide poisoning in the Nevada motel it had paid to the victims´ families.
A motorcyclist, who was killed in a Las Vegas DUI accident, has been identified as Ian Arche by the Clarke County Coroner´s Office.
Arche (40) from Las Vegas was fatally injured on 14th April when the motorcycle he was riding was involved in a collision with a Ford Explorer driven by Francisco Contreras-DeJesus (41) – also from Las Vegas. According to police reports, Contreras-DeJesus was attempting a left turn out of Pecos Road into Hacienda Avenue when the accident happened just before 6:00pm in the evening.
Witness statements indicate that, as Contreras-DeJesus pulled out from Pecos Road, Arche – who was travelling along Hacienda Avenue – lost control of his motorbike, fell from it and slid into Contreras-DeJesus´ vehicle. Arche was taken to Sunrise Hospital and Medical Center, where he died on his injuries.
At the scene of the accident, police became aware that Contreras-DeJesus smelled of alcohol, his words were slurred and his eyes were bloodshot. He subsequently failed a field sobriety test and later a preliminary breath test. Police later charged Contreras-DeJesus with one count of felony driving under the influence resulting in death.
Contreras-DeJesus faces a jail term of between 1 and 20 years for causing Arche´s death in the Las Vegas DUI accident and, despite the stiff penalties for driving under the influence, 82 people lost their lives in a Las Vegas DUI accident in 2012 where the negligent party had a blood-alcohol content level of 0.8% or higher.
2012 was the fourth straight year in which the number of alcohol-related deaths in Nevada road traffic accidents had increased, and due to the number of repeat offenders on the roads in Nevada, road safety organizations are calling for tougher penalties for those responsible for causing a Las Vegas DUI accident and the introduction of compulsory ignition interlock devices.
Comedian George Wallace has been awarded $1.3 compensation for a leg injury at the Bellagio Hotel after a jury hearing at the Clark County District Court in Nevada.
Wallace (61) made his compensation claim for a leg injury at the Bellagio Hotel after tripping over wires and rupturing an Achilles tendon during a private show at the Bellagio resort in July 2007 for an HSBC Card Services Inc. corporate audience.
At the time the claim was made, both the Bellagio Hotel and HSBC denied their negligence for causing Wallace´s injury; but – prior to the start of the court hearing – Wallace and the HSBC came to a private settlement of compensation for a leg injury at the Bellagio Hotel.
The Bellagio Hotel maintained that they were not at fault for the comedian´s injury and alleged that Wallace was the victim of his own carelessness. Furthermore the Hotel claimed that Wallace suffered from a pre-existing ankle injury that led to a spontaneous rupture of his Achilles tendon when he tripped.
However, after two weeks of testimony at the Clark County District Court and twelve hours of deliberations, the jury returned a majority verdict in favor of Wallace and awarded him $1,308,500 compensation for a leg injury at the Bellagio Hotel; which consisted of $1.2 million for lost income, $100,000 for pain and suffering and $8.500 for medical expenses.
Speaking after the verdict, Wallace – best known for his portrayal of Jerry Seinfeld´s friend – admitted that he had asked for more compensation for a leg injury at the Bellagio Hotel (his lawyer had asked the jury for $7.1 million), but that the case was not about the money and he was satisfied with the jury decision.
He added that he would be glad to work at the Bellagio Hotel again if the opportunity were to present itself.