Personal Injury Complaint for Slip and Fall at Las Vegas Hotel

Posted by: on Mon, Oct 27, 2014

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COMP

MARK ALBRIGHT, ESQ.

Nevada Bar No. 001394

WILLIAM H. STODDARD, JR., ESQ.

Nevada Bar No. 008679

ALBRIGHT, STODDARD, WARNICK & ALBRIGHT

801South Rancho Drive, Suite D-4

LasVegas, NV  89106

Tel:     (702) 384-7111

Fax:    (702) 384-0605

gma@albrightstoddard.com

bstoddard@alabrightstoddard.com

Attorneys
for Plaintiff

 

DISTRICT COURT

 

CLARK COUNTY, NEVADA

 

 

JACQUELINE
CONVILLE, an individual,

 

Plaintiff,

 

vs.

 

NP RED ROCK LLC,
a Nevada limited liability company d/b/a RED ROCK CASINO RESORT &
SPA;  DOES I through X, and ROE
CORPORATIONS I through X, inclusive,

 

Defendants.

CASE
NO.:

DEPT. NO.:

 

 

COMPLAINT

 

 

 

 

COMES NOW, Plaintiff JACQUELINE
CONVILLE, an individual (hereinafter “Plaintiff”), by and through her attorneys
of record, ALBRIGHT, STODDARD, WARNICK & WARNICK, and as and for her
Complaint against Defendant NP RED ROCK LLC, a Nevada limited liability
company, d/b/a RED ROCK HOTEL & CASINO (hereinafter “Defendant”), DOES I
through X, and ROE CORPORATIONS I through XX, inclusive, allege and aver as
follows:

JURISDICTION

  1. At all times mentioned herein, the Plaintiff was
    and is a resident of Clark County, Nevada.
  2. Upon information and belief, at all times mentioned herein, Defendant NP RED ROCK LLC was and is a Domestic Limited Liability Company, doing business under the fictitious name RED ROCK CASINO RESORT
    & SPA (hereinafter sometimes collectively “Red Rock Casino”), and is duly authorized to conduct business in the State of Nevada.

3.         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 Plaintiffs, who therefore sue said Defendants by such fictitious names.  The Plaintiffs are 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 Plaintiffs 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.

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

GENERAL ALLEGATIONS

            5.         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.

6.         At all times mentioned herein,
particularly on or about September 11, 2013, the Defendants owned, operated,
possessed, controlled and/or maintained the property located at 11011 West
Charleston Boulevard, Las Vegas, Nevada 89135, commonly known as the Red Rock
Casino.

7.         On
or about September 11, 2013, Plaintiff was lawfully on the premises of Red Rock
Casino.

8.         During the early afternoon of September
11, 2013, Plaintiff walked into the Red Rock Casino on the third level from the
East concrete parking garage of the Red Rock Casino.

9.         As Plaintiff entered the casino, while
near the casino entrance door, Plaintiff slipped and fell on the exposed tile
elevation transition from the asphalt, landing on her elbow.

10.       Plaintiff’s injuries included severe
injury to her elbow which shattered, back, neck and head injuries, and dental
injuries.

11.
The injury sustained by Plaintiff
required emergency medical attention.

12.       Plaintiff
was transported via ambulance from Red Rock Casino to Summerlin Hospital, where
she received treatment for her shattered elbow and for concern about a possible
neck injury.

13.       Plaintiff has required surgery on her
elbow and teeth as a result of her fall.

14.
As a result of Plaintiff’s injuries,
she has sustained damages in excess of $10,000.00.

15.       Plaintiffs have been required to retain
the services of a law firm to prosecute this action and are entitled to
reasonable attorneys’ fees.

FIRST CAUSE OF ACTION

(NEGLIGENCE)

            16.       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.

17.       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.

18.       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.

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



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

21.       Defendants owed Plaintiff a duty of care
in designing, selecting, purchasing, installing, affixing and securing a safe
entrance to the casino, and in selecting those charged with the task of
maintaining and inspecting the same.

22.       Defendants’ improper design and
maintenance of the entrance was the proximate cause of Plaintiff’s slip and
fall, which caused the injuries she sustained.

23.       Defendants’ improper design and
maintenance of the entrance created an unreasonably dangerous condition which
caused injury to Plaintiff.

24.       Defendants’
improper maintenance of the entrance was a defect, such that the entrance could
not be safely used in the manner and for the purpose for which it was intended.

25.       Defendants
owed Plaintiff a duty to exercise due care in providing a safe place for
customers to enter the casino, including by ensuring that the facilities were
safe and that the entrances were properly designed, installed, maintained,
secured, and inspected and Defendants breached their duty of care.

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

27.
The full nature and extent of Plaintiff’s injuries are still unknown and when
the same are ascertained, Plaintiff will assert them with particularity.

28.       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 her general damages in an amount in excess of Ten Thousand
Dollars ($10,000.00).

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

30.       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 will continue to receive care in the
future.

31.       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.

32.       Plaintiff
has, since the incident on September 11, 2013, experienced pain and suffering
in her elbow, and will continue to endure future pain and suffering all to her
general damages in an amount in excess of $10,000.00.

33.       Plaintiff
has been forced to retain the services of an attorney for this action, and as
such are 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.        Costs of suit, pre-judgment interest,
post-judgment interest, attorneys fees; and

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

 

DATED this _____day of
December, 2013.

 

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

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. The National Academy of Personal Injury Attorneys named Mark Albright as one of the Top 10 Personal Pnjury attorneys in Nevada in 2014. Our firm’s practice includes a strong emphasis on personal injury accidents. Call us at 702-384-7111.

 

Note: This article, and any other information you obtain at this website, is not offered as legal advice, nor should it be relied upon as such, nor is it a solicitation for legal services. Only a licensed attorney can advise you with respect to your specific legal needs. We welcome your contacting our firm to discuss such representation. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

 

 

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.

Note: This article, and any other information you obtain at this website, is not offered as legal advice, nor should it be relied upon as such, nor is it a solicitation for legal services. Only a licensed attorney can advise you with respect to your specific legal needs. We welcome your contacting our firm to discuss such representation. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.