October 2010 Archives

October 26, 2010

Man Stabbed in Orleans Casino Parking Lot

On October 5, 2010, a suspect stabbed a man outside the Orleans Hotel & Casino during an attempted robbery. Police said the suspect was "lying in wait" in the victim's van, which was parked in the casino's parking lot, according to the Las Vegas Sun. Police are now searching for the suspect, who they believe to be a Hispanic male who is about 5-feet-10 inches tall.

This tragedy could have premises liability implications for the Orleans Hotel and Casino. Property owners can be held liable when they fail to provide adequate security in or outside of their premises and a person is injured as a result, even when the person is injured because of a criminal attack.

The Las Vegas Sun: Man sought in stabbing at Orleans casino parking lot

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October 25, 2010

Brett Favre Case Gives a Glimpse Into Sexual Harassment Issues

Location: Las Vegas, Nevada

Q: Did Brett Favre Sexually Harass Jenn Sterger?

A: Unknown at this time.

Sexual harassment is defined as continued, unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature, to another employee, against his or her wishes.

Under this definition, did Brett Favre commit sexual harassment? It's complicated. The answer may not be as straightforward as one would think.


As this story plays out in the national media, legal commentators are dusting off their Armani suits and best ties to prepare for "talking heads" gigs on the networks to talk about the legal implications of this case.

As of the writing of this article, the NFL is investigating allegations that Brett Favre left sexually charged voicemails for Jenn Sterger while he was quarterback for the New York Jets and she was an employee as a sideline reporter for the Jets.

Investigation is the first step of any sexual harassment situation. Most likely the NFL is conducting interview of witnesses and examining the evidence. Was the future Hall-of-Fame quarterback's alleged conduct welcome? We know what Favre is alleged to have sent to Sterger. The question is what, if anything, did Sterger send to Favre? If the conduct was mutual and wanted between the two individuals, there is no sexual harassment. A scandal does not necessarily mean that there is a case.

In general, it is not against the law to have an affair with a co-worker, however inappropriate it may be in light of other circumstances (like one of the participants being married). Many employers have policies that forbid workplace romance. Other employers will not take a position.

The next question: What part of the conduct was wanted or unwanted? For example, if two employees have a voluntary affair, and then one cuts it off, but the other persists and it affects the employment of the victim, there could be sexual harassment issues. Having a voluntary relationship with a co-worker does not give the jilted co-worker license to harass for all time.

Many of these issues arise daily in Las Vegas casinos and workplaces between co-workers and management. The time limits to take action are very strict. Failure of a harassed employee victim to take action can result in the claim being barred.

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October 24, 2010

Uninsured and Underinsured Motorist Insurance Coverage - Car Accidents

Nevada only requires its residents to carry insurance coverage in the amount of $15,000. This amount of coverage covers almost nothing in a serious car accident.

Our law firm handles a number of different types of car accident claims as part of our practice. Many of our Las Vegas clients become seriously injured and learn that the driver who hit them carries little to no insurance. This is a problem because the medical bills alone can make the experience of being a car accident victim all the more stressful. It's one thing to be injured but it's even worse to be injured and broke.

We recommend that all of our clients get uninsured or underinsured motorist coverage. This coverage comes into play when the insurance policy limits of the other at fault driver become exhausted.

Below is how underinsured motorist coverage works:

Judy was driving her car east on Warm Springs Road in Henderson, Nevada. Jim was driving south on Valle Verde Drive, which intersects with Warms Springs. Judy had the green light and entered the intersection. Jim, who was drinking a Jack and Diet Coke at the time, did not pay attention and ran the red light, striking Judy. Judy suffered a herniated disc and required surgery. Her medical bills were almost $50,000 and she had lost income in the amount of $35,000. Jim only carried $100,000 in insurance. His carrier paid the whole amount to Judy. Luckily, Judy carried an additional $100,000 uninsured motorist policy. As a result, insurance carrier should pay her the full amount of money on the policy in good faith.

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October 22, 2010

October 20, 2010 Hearing - Nightclub Excessive Force - Discovery Extension

Judge: Discovery Commissioner, Bonnie Bulla
Las Vegas, Nevada

We were recently in court before the Honorable Discovery Commissioner Bonnie Bulla. We had filed a Motion to Extend Discovery Deadlines in a case we recently were retained on by a gentleman that had been allegedly viciously attacked by security employees of a Las Vegas nightclub. Essentially, our client was being removed from the premises and was attacked with glass on his head, which caused significant scarring.

The gentleman had previously retained an attorney who had put a significant amount of work into the case. However, after the discovery process ended, the attorney and the client separated ways and the client retained our firm to come in and take the case to trial. Although we have a great deal of respect for the lawyer that preceded us, we felt that we wanted to conduct more discovery into the allegations in the case. Specifically, we wanted to inspect the nightclub and take a number of additional depositions of witnesses.

The nightclub opposed the extension of deadlines. The attorney argued to the Judge that we should not be permitted to come in and re-litigate the whole case.

Judge Bulla found that Nevada has a strong public policy to hear cases on the merits. She allowed our law firm to conduct an additional ninety (90) days of discovery. Our client was not allowed to name a security expert to rebut the expert that the nightclub retained. However, at trial, I do not believe an expert will be needed to explain that attacking a customer with glass is excessive. Our client was happy to be allowed the opportunity to finish discovery.

The Judge also assigned a date for us to be ready for trial. The trial date had been previously vacated. A new trial date will have to be set in the near future.

October 22, 2010

October 20, 2010 Hearing - Grandmother Visitation Denied

Hearing: Grandma's Motion to For Visitation Denied
Location: Las Vegas, Nevada

Our client, who previously was married to the father of her child, was served by the child's grandmother with a Motion to Grant Visitation to the Grandmother. Our client wanted to oppose any visitation at all for the grandmother for a number of reasons: (1) the grandmother was allegedly not fit on the basis of alleged mental and emotional issues; (2) the grandmother would frequently make negative comments about our client to the child; (3) the grandmother's home was not a proper place for a young child; (4) the child had special medical issues that the grandmother was unable to accommodate.

The standard for a grandparent to get visitation rights is a high one. The grandmother must show clear and convincing evidence that visitation should be allowed over the objection of the custodial parent.

The judge in this child custody and visitation case denied the grandmother's motion. Our client is permitted to make decisions for her child and one of those decisions was to disallow any visitation whatsoever for the reasons stated above.

October 19, 2010

Drunk Driver Pleads Guilty to Criminal Charge; Civil Liability Also Possible

Last week, more than a year after killing a bicyclist in a drunk- driving accident, Charley Matanza pleaded guilty to driving under the influence and causing death. He will be sentenced in Clark County Court. According to the Las Vegas Sun, the bicyclist was Gary Lommason, a retired Army Sergeant. Matanza's car had crashed over a sidewalk on Desert Inn Road, striking and killing Lommason, who was dragged under the vehicle. At that time, Matanza was under the influence of a variety of substances including methamphetamine.


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October 19, 2010

Vehicle Crashes into House on Madge Lane in the Eastern Valley; 15-year-old Cited for DUI

On October 19, 2010, a vehicle crashed into a house on Madge Lane near East Charleston Boulevard and Stewart Avenue. The accident happened around 7 a.m., and a medical unit responded to the scene. After police investigated the circumstances surrounding the crash, a 15-year-old-girl was cited for drunk driving. The Las Vegas Sun reported that the girl allegedly ran a red light, struck a vehicle, left the scene, and then struck the house which was about 2 blocks away.

When car crashes happen, the damage to persons and property can be devastating. If you have been harmed because of any accident involving a vehicle, the experienced attorneys at Parker Scheer LLP may be able to help you. Our firm's Complex Personal Injury Group has represented adults and children in a wide variety of personal injury claims, including injuries and death caused by car accidents.

The Las Vegas Sun: Girl, 15, Cited for DUI after morning crash

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October 19, 2010

Motorcyclist Dies in Crash with SUV on I-15

On October 19, 2010, a motorcyclist died when his motorcycle rear-ended an SUV on I-15 near Craig Road. The man's name has not been released yet, but a state trooper told the Las Vegas Sun that he was taken to University Medical Center and died about an hour later.

Statistics show that motorcyclists are far more likely than occupants of passenger vehicles to be injured or die. Motorcyclists' bodies have almost no protection, and when there is an accident, catastrophe results. Additionally, being rear-ended by any vehicle, even a motorcycle, often causes devastating injuries.

The Las Vegas Sun: Motorcyclist dies in collision on I-15 near Craig Road

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October 19, 2010

Coroner's Office Identifies Man Killed in Car Accident

The Clark County Coroner's Office has identified 35-year-old Peter Cavanna as the man who died in an eastern valley car crash on October 16th. The accident occurred when Cavanna made a left turn from Palm Street to Tropicana Avenue in his Chevrolet Cavalier and entered the path of a Kia Spectra driven by 60-year-old Flordeliza Marcelo.

The Las Vegas Sun reported that this was the 59th traffic fatality in Metro's jurisdiction this year. All too often these traffic accidents happen as a result of someone's negligent and unsafe driving. Parker Scheer LLP's Personal Injury Practice Group offers zealous representation in connection with car accident personal injuries and wrongful death claims.

The Las Vegas Sun: Coroner identifies man, 35, killed in Saturday crash

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October 5, 2010

Collision leaves Motorcyclist Seriously Injured

On Saturday, October 3, 2010, a man was left seriously injured after crashing into a car that turned in front of his motorcycle. Abel Worku, 22 years old, of Las Vegas, was rushed to University Medical Center for treatment of his critical injuries following the collision. According to witness statements and evidence on scene, a 2008 Toyota Corolla, driven by a 17 year old man, turned left onto West Anasazi Drive. The car turned in front of a 2008 Yamaha motorcycle, which was headed south on Town Center Drive in the center lane.
The motorcycle collided into the right side of the car, at the intersection of the two streets. Police have not released the name of the young male driver, who was not injured in the collision. According to police, the incident is under investigation by the Las Vegas Metro Police Accident Investigation Section.

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