Lincoln Gustafson & Cercos

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Register Today for The Las Vegas Defense Lawyers 2024 Spring Gala. LVDL will honor Judge Nancy Allf (Ret.) with the Legal Excellence/Lifetime Achievement Award. https://lnkd.in/guXtdPsv

LGC is pleased to share the successful arguments and results by Partners Shannon Splaine and Karissa Mack, who were not only successful obtaining Summary Judgment on behalf of their client, but also successful in defending the subsequent appeal by Plaintiff to the Nevada Supreme Court. Shannon and Karissa represent a property owner just off the Strip who was being sued by Plaintiff in an action for wrongful death related to a shooting that occurred at the property, seeking damages in the multi-millions. The deceased was homeless and high on illegal drugs at the time of the incident.  The deceased had attempted to break into the premises and had been asked to leave on multiple occasions.  As the deceased was walking by the premises, a dispute arose with a guest of the establishment, a military veteran, who had a permit to carry a weapon.  The deceased continued the incident and there was a fight that resulted in the gun going off.  Immediate aid was rendered and 9-1-1 called. In the civil suit, the shooter was never named, and the deceased's representative sued the shooter’s employer and the property owner. The Court granted the motion for summary judgment finding that the representative did not qualify as an heir of the deceased pursuant to NRS 41.085(5), the Plaintiff failed to present evidence of recoverable damages, and the property owner did not owe a duty to the deceased. Plaintiff appealed. After briefing and oral arguments, the Nevada Supreme Court issued an Order Affirming the District Court Judge’s rulings and dismissal of the complaint. This included noting that the guest involved in the shooting was not in the course and scope of his employment at the time of the event, that the Complaint was pled as a wrongful death matter by the personal representative and could not be amended after the statute of limitations has passed, and that the record was devoid of any evidence of any damages that are permitted under the wrongful death statute from being produced during discovery. The Nevada Supreme Court also affirmed that Plaintiff, in only pleading the claims as the personal representative, was limited to the wrongful death statute and could not also seek damages under NRS 41.100 for survivorship claims. This was a long hard fought battle on the defense side with a great outcome by everyone on the team.  Congratulations Shannon and Karissa! #litigation #vegas #LVDL #LGC #lasvegas #clarkcounty #attorney #attorneyatlaw #dismissal #appeals #success

Congratulations to our Las Vegas Managing Partner, Loren Young, who was able to secure Summary Judgment on behalf of one of the Preeminent Hotel's in Las Vegas, Nevada involving a claim for personal injuries based in negligence, assault, battery, and false imprisonment.   Plaintiff was trespassed from the property and asked to leave, however, Plaintiff chose to run, hide, and fight, yet ultimately lost that battle and was detained by security and arrested by LVMPD. Due to the confrontation, Plaintiff claimed several personal injuries including brain injury, surgery, and other emotional distress.   The LGC Defense team was able to establish through the video surveillance, Plaintiff's actions and refusal to exit the premises were the cause of the alleged injuries. Evidence confirmed Security personnel properly followed Nevada law by providing multiple visual and verbal warnings, yet Plaintiff refused to comply. Security personnel did not use excessive force in the detention of Plaintiff. Further, after Plaintiff’s denial, it was discovered and confirmed Plaintiff had been trespassed on multiple prior occasions from the property as well as others.   The Court granted Summary Judgment, dismissing Plaintiff's complaint, finding the preponderance of the evidence supports that the Hotel's employees were authorized pursuant to NRS 207.200 and 651.020 to trespass Plaintiff and remove Plaintiff from the premises and, thus, no negligence. Security personnel acted reasonably and in accordance with policies and procedures contacting LVMPD immediately and, therefore, no claim for false imprisonment, assault, or battery.   Great Job Loren!!! Lincoln Gustafson & Cercos #litigation #attorneys #lawyers #Nevada #lasvegas #vegas #trespass #LVDL #dri