WEST'S JURY VERDICTS - NEVADA REPORTS
Hotel Crosswalk Slip-and-Fall Results in $185K Verdict
Duhon v. Treasure Island Corp.
Type of Case:
Premises Liability Slip/Trip & Fall
Premises Liability Slippery Surface
Premises Liability Paved Surface/Curb
Premises Liability Retail & Other Business Properties
Premises Liability Hotel
Premises Liability Dangerous Road
Specific Liability:
Hotel's failure to maintain crosswalk was negligent
General Injury:
Tibia spiral fracture, fibula fracture, surgery, medical expenses, lost wages
Jurisdiction:
State: Nevada
Court: District Court of Nevada, Eighth Judicial District, Clark County.
Related Court Documents:
Plaintiff's complaint: 2005 WL 6016198
Defendant Treasure Island Corp.'s answer and cross-claim: 2005 WL 6016197
Defendant Clark County's answer and cross-claim: 2005 WL 6016195
Defendant Treasure Island Corp.'s answer: 2005 WL 6016196
Joint pretrial memorandum: 2007 WL 4749527
Plaintiff's trial brief: 2007 WL 4749523
Defendant Treasure Island Corp.'s trial brief: 2007 WL 4749524
Jury instructions: 2007 WL 4749526
Verdict form: 2007 WL 4749159
Case Name:
Kelli Duhon, an individual, plaintiff, v. Treasure Island Corp. d/b/a Treasure Island at the Mirage; County of Clark, a political subdivision governmental agency of the State of Nevada; Does I-V, inclusive; and Roes I-V, inclusive, defendants; Treasure Island Corp., cross-claimant, v. Clark County, cross-defendant; Clark County, cross-claimant, v. Treasure Island Corp, cross-defendant
Docket/File Numbers:
A500837
Verdict:
Plaintiff, $246,810; later reduced to $185,107.50 as per apportionment of fault
Verdict Date:
Nov. 30, 2007
Judge:
Michael Villani
Attorneys:
Plaintiff: Michael A. Koning, Michael A. Koning, PC, Las Vegas, Nev.
Defendant (Treasure Island Corp.): S. Denise McCurry, Law Offices of S. Denise McCurry, Las Vegas, Nev.
Defendant (County of Clark): Catherine Jorgenson, Office of the District Attorney, Las Vegas, Nev.
Trial Type:
Jury
Breakdown of Award:
$246,810 to plaintiff against defendant Treasure Island Corp. for damages.
The jury determined that the plaintiff was 25 percent at fault for her injuries. The jury awarded $40,732.50 in past medical damages, $60,000 in past pain and suffering and $84,375 in future pain and suffering for a total award of $185,107.50.
Summary of Facts:
In July 2007, Kelli Duhon was injured after slipping in a crosswalk in front of the Treasure Island Hotel/Casino. Duhon said she fell as she was walking across Buccaneer Bay Boulevard within the designated crosswalk on a private roadway between the Treasure Island Hotel/Casino and the Mirage Hotel/Casino valet garage parking.
Duhon filed a complaint against Treasure Island Corp. d/b/a Treasure Island at the Mirage and Clark County in March 2005, claiming the defendants were negligent in allowing a slippery substance to remain in the crosswalk.
According to Duhon, Mirage horticulture employee Eric Langton had noticed the oil puddle in the crosswalk and placed an orange caution cone by the puddle. Langton then walked to a valet parking entrance, where he called defendant Treasure Island Corp.'s Public Area Department.
Defendant Clark County sent a contractor, H2O to clean the crosswalk.
Defendants Clark County and Treasure Island Corp. crossclaimed against each other, each claiming the other was responsible for maintaining the crosswalk. Defendant Clark County was dismissed from the case by stipulation of the parties, but the terms of the stipulation were not available at press time.
In November 2007, a jury award determined Duhon sustained damages in the amount of $246,810. The jury also determined Duhon was 25 percent responsible for her injuries and reduced her award to $185,107.50.
The court awarded Duhon pre-judgment interest in the amount of $27,809 and costs in the amount of $14,570.
Court: District Court of Nevada, Eighth Judicial District, Clark County.
Westlaw Citation:
2007 WL 4976177
2007 WL 4976177 (Nev.Dist.Ct.)
West's Jury Verdicts - Nevada Reports Citation:
Wests J.V. Nev. Rep., Vol. 3, Iss. 12, p. 13 (2008)
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