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Case of the Month

West's® Jury Verdicts - Nevada Reports

Bike Rider Struck in Intersection Suffers $354K Damages

Marvin v. Rushfield

Type of Case:
Vehicle Negligence Sole Vehicle
Vehicle Negligence Bicycle
Vehicle Negligence Crosswalk
Vehicle Negligence Intersection
Vehicle Negligence Right Turn
Vehicle Negligence Inattention
Vehicle Negligence Negligent Entrustment-Vehicle
Premises Liability Negligent Repair/Maintenance

Specific Liability:
Driver struck bicyclist in intersection, property owner failed to maintain property

General Injury:
Unspecified personal injuries; medical expenses; wage loss

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

Related Court Documents:

Plaintiff's complaint: 2014 WL 8277268
Defendant Rushfield and Clark County's answer and cross-claim: 2014 WL 8277269
Defendants' joint pretrial memorandum: 2015 WL 1331928
Verdict form: 2015 WL 1326384

Case Name:
Arthur Marvin v. Connie Rushfield, an individual; County of Clark, a political subdivision of the state of Nevada; PH L.L.C.; Sunrise Hospital and Medical Center L.L.C.; Does I through V; and Roe corporations I through V, inclusive

Docket/File Number:

Result Amount:
Plaintiff, $354,037

Result Date:
February 27, 2015


Plaintiff: Marjorie L. Hauf, Ganz & Hauf, Las Vegas, NV; Ida Ybarra, Ganz & Hauf, Las Vegas, NV; Zachary Clayton, Ganz & Hauf, Las Vegas, NV
Defendants (Rushfield and Clark County): Steven B. Wolfson, Clark County District Attorney, Las Vegas, NV; Mathew J. Christian, Chief Deputy District Attorney, Las Vegas, NV
Defendants (Sunrise Hospital and PH): Kenneth M. Webster, Hall, Prangle & Schoonveld L.L.C., Las Vegas, NV; Casey W. Tyler, Hall Prangle & Schoonveld, Las Vegas, NV; Brigette E. Foley-Peak, Hall Prangle & Schoonveld, Las Vegas, NV

Result Type:

Plaintiff: Richard Cestkowski, D.O., Family Practitioner, Las Vegas, NV; Sam Terry, Accident Reconstructionist, Crashteams, Las Vegas, NV
Defendants: Anthony Righellis, P.E., Civil Engineer, Righellis Race P.C., Las Vegas, NV; Brian Jones, Accident Reconstructionist, American Bio Engineers, Las Vegas, NV

Breakdown of Award:
$209,037.00 to plaintiff from defendants Rushfield and Clark County for past medical expenses
$125,000.00 to plaintiff from defendants Rushfield and Clark County for past pain and suffering
$20,000.00 to plaintiff from defendants Rushfield and Clark County for future pain and suffering
The plaintiff was found 20 percent at fault and defendants Rushfield and Clark County were found 80 percent at fault.

Summary of Facts:
Arthur Marvin allegedly suffered injuries when he was struck while riding a bicycle by a vehicle driven by Connie Rushfield. According to Marvin, he was riding in a westbound crosswalk at the intersection of Desert Inn and Arabella in Las Vegas, and Rushfield was driving south on Arabella and attempting a right turn; her view was allegedly obstructed by landscaping trees and bushes on the property owned by PH L.L.C. and maintained by Sunrise Hospital and Medical Center L.L.C. The vehicle Rushfield was driving was reportedly owned by Clark County.

Marvin sued Rushfield, Clark County, PH and Sunrise Hospital and alleged Rushfield negligently operated her vehicle by failing to pay attention, alleged PH and Sunrise Hospital negligently failed to maintain the property by failing to remove a hazard that could reasonably cause a driver not to see a pedestrian, and alleged Clark County was vicariously liable for Rushfield's negligence; negligently hired, supervised and trained Rushfield; and negligently entrusted the vehicle to Rushfield.

The plaintiff sought damages for his injuries; over $200,000 in medical expenses; and damages for wage loss, pain and suffering, anxiety, emotional distress, loss of enjoyment of life and permanent disability.

Defendants Rushfield and Clark County raised affirmative defenses, including that the plaintiff failed to mitigate his damages; the plaintiff was negligence and caused the accident; the dangers were open, obvious and known; and the plaintiff's injuries were the result of a pre-existing conditions. Rushfield and the county claimed the plaintiff violated the law by riding against traffic and on the wrong side of the road. They also filed a cross-claim against PH and Sunrise Hospital seeking contribution and indemnity.

A jury found the plaintiff suffered $354,037 in damages but found the plaintiff was 20 percent at fault and defendants Rushfield and Clark County were 80 percent at fault.

The outcome of the plaintiff's claims against defendants Sunrise Hospital and PH were not available.

Westlaw Citation:
2015 WL 1873930

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