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Case of the Month

West's® Jury Verdicts - Nevada Reports

Injured Pedestrian Claims Burned Out Light Caused Fall

Compagnone v. Rio Properties L.L.C.

Type of Case:
Premises Liability - Casino


Specific Liability:
Bad Lighting

General Injury:
Rotator Cuff

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

Related Court Documents:
Plaintiff's first amended complaint: 2013 WL 9235253
Defendant Yesco LLC's motion for directed verdict: 2014 WL 3753174
Defendant Yesco LLC's trial memorandum: 2014 WL 3753181
Joint pretrial memorandum: 2014 WL 3753177
Verdict: 2014 WL 3753277
Judgment: 2014 WL 3773706


Case Name:
Salvatore Compagnone v. Rio Properties LLC d/b/a Rio Hotel & Casino Inc. and/or Rio Suite Hotel & Casino and/or Rio All-Suite Hotel & Casino

Docket/File Number:
12-A-665946-C

Result Amount:
Plaintiff, $100,000

Result Date:
June 27, 2014

Judge:
Ronald J. Israel

Attorneys:
Plaintiff: Steven M. Burris, Law Offices of Steven M. Burris, Las Vegas, NV Plaintiff: Samuel B. Benham, Law Offices of Steven M. Burris, Las Vegas, NV Defendant: Richard L. Wade, Hutchinson & Steffen LLC, Las Vegas, NV Defendant: Mark J. Brown, Law Offices of Melissa P. Harris, Las Vegas, NV

Result Type:
Jury Trial

Experts:
Plaintiff: Orthopedic Surgeon: LaTourette, Gary, M.D., Las Vegas, NV
Defendant: Orthopedic Surgeon: Herr, John, M.D., Las Vegas, NV


Breakdown of Award:
Outcome: Plaintiff Verdict Total: $100,000 Judge Reduced Award To: $51,000

Summary of Facts:
Adult male Salvatore Compagnone reportedly suffered a tear of his right shoulder rotator cuff as he walked from the sidewalk of defendant Rio Properties LLC d/b/a Rio Hotel & Casino Inc. into the parking lot area, and he stumbled and fell over a drop-off at the curb, allegedly as a result of a burned-out parking lot light that defendant Yesco LLC reportedly was responsible for maintaining under a contract with defendant Rio Properties. The plaintiff claimed the defendants were negligent for allowing the sidewalk to be at an extreme angle, failing to have an appropriate handrail or markings to show the end of the sidewalk and the start of the curb, failing to replace or maintain the burned-out light in the outdoor lighting fixture, and failing to provide a warning of the dangerous condition. Defendant Yesco denied liability, and denied that it had any duty to service the parking lot light under its contract with defendant Rio Properties. Defendant Rio Properties also denied liability, claimed that the plaintiff negligently failed to use reasonable care, and contended the condition on the premises was open and obvious. The jury allocated 51% of the negligence to defendant Rio Properties, 0% to defendant Yesco, and 49% to the plaintiff. The plaintiff's damages were set by the jury at $40,000 for past general damages and $60,000 for future general damages, and reduced by the court in the judgment to $51,000 based on the jury's fault apportionment.

Westlaw Citation:
2014 WL 4351620


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