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Case of the Month

West's® Jury Verdicts - Nevada Reports

Accused card counters claim they were falsely imprisoned

Switzer v. C & HRV, LLC d/b/a Virgin River Hotel & Casino

Type of Case:
False Arrest - Hotel/Motel

Specific Liability:
Civil Rights Violation: False Arrest

General Injury:
Emotional distress

State: Nevada
Court: District Court of Nevada, Clark County.

Related Court Documents:
Plaintiffs' complaint: 2012 WL 10890535
Plaintiffs' opposition to motion for summary judgment: 2013 WL 8540455
Plaintiffs' pretrial memo: 2013 WL 8540450
Defendant's pretrial memo: 2013 WL 8540445
Verdict form: 2014 WL 2216397

Case Name:
David Switzer, Kyle Pikaluk v. C & HRV, LLC d/b/a Virgin River Hotel & Casino

Docket/File Number:

Result Amount:
Plaintiff, $72,453

Result Date:
April 16, 2014

Susan Johnson

Plaintiff: Robert A. Nersesian, Nersesian & Sankiewicz, Las Veges, NV
Defendant: Richard J. Pyatt, Pyatt Silvestri, Las Vegas, NV

Result Type:
Jury Trial

Plaintiff: None mentioned

Defendant: None mentioned

Breakdown of Award:
Compensatory Pain & Suffering: David Switzer: $41,500
Total Compensatory Award: David Switzer: $41,500
Compensatory Pain & Suffering: Kyle Pikaluk: $30,625
Compensatory Other: Kyle Pikaluk: $328
Total Compensatory Award: Kyle Pikaluk: $30,953

Summary of Facts:
Kyle Pikaluk and David Switzer, guests at defendant C & HRV LLC d/b/a Virgin River Hotel & Casino, claimed they suffered emotional distress after they were falsely imprisoned by defendant's staff after it was discovered they were card counters. The plaintiffs alleged the defendant's staff requested they leave the hotel and then refused to allow plaintiffs to exit their hotel room or leave the hotel until plaintiffs produced identification, held plaintiffs in their room until police arrived despite repeated requests to leave, and then proceeded to escort plaintiffs out of the hotel to their vehicle; plaintiffs further alleged defendants converted their property by refusing to allow them to cash in hundreds of dollars worth of gambling chips. The defendants denied liability and contended the plaintiffs refused to leave the hotel. The jury awarded $30,625 and $41,500 to plaintiffs Pikaluk and Switzer, respectively, for false imprisonment, and $328 to plaintiff Pikaluk for conversion.

Westlaw Citation:
2014 WL 2600199

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