Nevada Personal Injury Complaint: Hotel Bedboard Falls onto Plaintiff

Posted by: on Mon, Mar 30, 2015

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COMES NOW, Plaintiff, MICHAEl _____, an individual (hereinafter “Plaintiff”), by and through his attorneys of record, ALBRIGHT, STODDARD, WARNICK & WARNICK, and as and for his Complaint against Defendants, HRHH HOTEL/CASINO, LLC, a Foreign limited liability company; LVHR CASINO, LLC, a Nevada limited liability company, dba HARD ROCK HOTEL & CASINO; and HARD ROCK HOTEL HOLDINGS, LLC(hereinafter “Defendants”), DOES I through X, and ROE CORPORATIONS I through XX, inclusive, allege and aver as follows:

 

JURISDICTION

At all times mentioned herein, the Plaintiff was and is a resident of Los Angeles, California.

Upon information and belief, at all times mentioned herein, Defendant, HRHH HOTEL/CASINO, LLC, a Foreign limited liability company, is a corporation duly organized under the laws

of the State of Nevada, and authorized to conduct business in the State of Nevada

Upon information and belief, at all times mentioned herein, Defendant, LVHR CASINO, LLC, a Nevada limited liability company, doing business as HARD ROCK HOTEL & CASINO, is duly organized under the laws of the State of Nevada, and authorized to conduct business in the State of Nevada

Upon information and belief, at all times mentioned herein, Defendant, HARD ROCK HOTEL HOLDINGS LLC, a Foreign limited liability corporation, is a corporation duly organized under the laws of the State of Nevada, and authorized to conduct business in the State of Nevada

The true names and capacities, whether individual, corporate, associate or otherwise, of Defendants DOES I through X and/or ROE CORPORATIONS I through XX, inclusive, are unknown to Plaintiff, who therefore sue said Defendants by such fictitious names.  The Plaintiff is informed, believe and thereupon allege that the Defendants designated herein as DOES I through X and/or ROE CORPORATIONS I through XX, inclusive, are any one of the following:

(a) Parties responsible in some manner for the events and happenings herein referred to that caused injuries and damages proximately thereby to the Plaintiff as herein alleged;

(b) Parties that are the agents, servants, employees and/or contractors of the Defendants, each of them acting within the course and scope of their agency, employment or contract;

(c) Parties that own, lease, manage, operate, secure and/or are responsible for the premises referred to hereinafter; and/or

(d) Parties that have assumed or retained the liabilities of any of the Defendants by virtue of an agreement, sale, transfer or otherwise.

The Plaintiff will ask leave of the Court to amend this Complaint to insert the true names and capacities of said Defendants, DOES I-X and ROE CORPORATIONS I-XX, inclusive, when the same have been ascertained by the Plaintiff, together with appropriate charging allegations, and to join said Defendants in the action.

The acts and omissions alleged hereafter occurred within Clark County, State of Nevada.

 

GENERAL ALLEGATIONS

 

Plaintiff repeats and realleges each and every foregoing paragraph set forth above and incorporate the same by reference as though fully set forth at length herein.

At all times mentioned herein, particularly on or about April 7, 2013, the Defendants owned, operated, possessed, controlled and/or maintained the property located at 4455 Paradise Rd, Las Vegas, Nevada  89169, commonly known as the Hard Rock Hotel & Casino (hereinafter the “Hard Rock”).

On or about April 7, 2013, Plaintiff was lawfully on the premises of the Hard Rock.

During the early evening of April 7, 2013, Plaintiff was lying in bed in his hotel room at the Hard Rock, when the headboard suddenly, unexpectedly and without warning, fell on the Plaintiff.

Plaintiff’s injuries included a cracked skull, resulting in a concussion, spinal compression in the neck and back, and shoulder injuries.

The injuries sustained by Plaintiff  required immediate emergency medical attention.

Plaintiff  was transported via ambulance from the Hard Rock to Sunrise Hospital, where he received treatment for his injuries, including staples in his head would.

Plaintiff has required shoulder surgery and treatment by a chiropractor as a result of his multiple injuries.

As a result of Plaintiff’s injuries, he has sustained damages in excess of $10,000.00, and has been severely restricted in his professional services as a Hollywood camera man.

Plaintiff has been required to retain the services of a law firm to prosecute this action and is entitled to reasonable attorneys’ fees.

 

FIRST CAUSE OF ACTION

 

(  NEGLIGENCE )

Plaintiff repeats and realleges each and every foregoing paragraph set forth above and incorporates the same by reference as though fully set forth at length herein.

Defendants owed Plaintiff a duty to maintain the premises in a reasonably safe condition for use, or in the alternative, to warn Plaintiff of any unsafe conditions.

Defendants, including their agents and/or employees, negligently created and/or allowed an unreasonably dangerous condition to exist and further created an unreasonable risk of harm to Plaintiff, as well as the general public.

Defendants negligently failed to warn Plaintiff of the unreasonably dangerous condition on its premises.

Defendants negligently supervised their agents and/or employees responsible for designing, inspecting and/or maintaining the premises.

Defendants owed Plaintiff a duty of care in designing, selecting, purchasing, installing, affixing and securing the headboard in the hotel room in the casino, and in selecting those charged with the task of maintaining and inspecting the same.

Defendants’ improper design and/or maintenance of the headboard and the manner of its attachment to the wall, was the proximate cause of Plaintiff’s injuries.

As a direct and proximate result of the negligence and carelessness of the Defendants, Plaintiff has suffered severe and serious personal injuries.

The full nature and extent of Plaintiff’s injuries are still unknown and when the same are ascertained, Plaintiff will assert them with particularity.

As a direct and proximate result of Defendants’ breaches, and each of them, Plaintiff was seriously injured and caused to suffer great pain of body and mind, some of which is permanent and disabling, all to his general damages in an amount in excess of Ten Thousand Dollars ($10,000.00).

As a further direct and proximate result, Plaintiff incurred expenses for medical care, shoulder surgery and treatment, and will incur expenses for medical care and treatment in the future in an amount to be proven at trial.

As a further direct and proximate result of the foregoing, Plaintiff has been required to engage the services of various medical providers, including obtaining emergency medical attention and surgery, and will continue to receive care in the future.

Plaintiff is entitled to reimbursement for past and future medical bills incurred as a result of the injuries that have caused Plaintiff’s pain and suffering.

Plaintiff has, since the incident on April 7, 2013, experienced pain and suffering in his shoulder, back and neck, and will continue to endure future pain and suffering all to his general damages in an amount in excess of $10,000.00, together with lost wages due to his inability to carry and hold heavy camera equipment in the manner to which he was accustomed.

Plaintiff has been forced to retain the services of an attorney for this action, and as such is entitled to reasonable attorneys’ fees and litigation costs.

 

SECOND CAUSE OF ACTION

 

(NEGLIGENCE via RES IPSA LOQUITUR)

Plaintiff repeats and realleges each and every foregoing paragraph set forth above and incorporates the same by reference as though fully set forth at length herein.

The Defendants owed Plaintiff a duty to exercise due care in providing a safe place for patrons of Hard Rock, and failed to meet this duty, and said actions and omissions as described above, were a breach of the Defendants’ duty of care.

Getting hit in the head, back and shoulders by a heavy headboard while lying in bed does not normally occur in the absence of someone’s negligence.

The Defendants held the exclusive control of the headboard which fell upon Plaintiff while lying in his bed in his Hard Rock hotel room.

Plaintiff did nothing to cause the headboard to fall off the wall and fall upon him, causing him numerous and extensive injuries.

As a direct and proximate result of the foregoing negligence and carelessness of the Defendants, Plaintiff has suffered severe and serious personal injuries, and the Defendants are liable for the same under the doctrine of res ipsa loquitur.  The full nature and extent of Plaintiff’s injuries are still unknown and when the same are ascertained with more particularity, Plaintiff will assert them with particularity.

Plaintiff has been required to engage the services of various medical providers, including emergency medical attention, both in the Nevada and in California, where he resides, to care for and treat his injuries.  Plaintiff is entitled to reimbursement for past and future medical bills incurred as a result of the injuries that have caused their pain and suffering, as well as lost income since he is no longer able to work as he did previously holding and carrying heavy photographic equipment.

Plaintiff has, since the incident on April 7, 2013, experienced pain and suffering in his shoulder, back and neck, and will continue to endure future pain and suffering all to his general damages in an amount in excess of $10,000.00.

Plaintiff has been forced to retain the services of an attorney for this action, and as such is entitled to reasonable attorneys’ fees and litigation costs.

WHEREFORE, Plaintiff prays for relief and judgment against the Defendants as follows:

A. General damages in an amount in excess of Ten Thousand Dollars ($10,000.00);

B. Medical and incidental expenses incurred and to be incurred;

C. Lost wages and lost employment earnings and profits;

D. Costs of suit, pre-judgment interest, post-judgment interest, attorneys fees; and

E. For such other relief as is just and proper.

DATED this _____day of March, 2015.

 

ALBRIGHT, STODDARD, WARNICK & ALBRIGHT

 

____________________________________________

G. MARK ALBRIGHT, ESQ.

Nevada Bar No. 001394

WILLIAM H. STODDARD, JR., ESQ.

Nevada Bar No. 008679

801 South Rancho Drive, Suite D-4

Las Vegas, Nevada 89106

(702) 384-7111

Attorneys for Plaintiff

gma@albrightstoddard.com

About the Authors: The law firm of Albright, Stoddard, Warnick & Albright is an A-V Rated Nevada-based full-service law firm having attorneys licensed in Nevada, California and Utah. Our firm’s practice includes a strong emphasis on personal injury accidents. Call us at 702-384-7111.

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