Complaint for Assault at Hotel Premises

Posted by: on Sat, Jan 18, 2014

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DISTRICT COURT

 

CLARK COUNTY, NEVADA

NELSON F. WILES, an individual,

 

Plaintiffs,

 

vs.

 

NP BOULDER LLC, and BOULDER STATION HOTEL & CASINO,
DONALD CLAYTON, DOES I through X, and ROE CORPORATIONS I through XX,
inclusive,

 

Defendants.

CASE NO.:
DEPT. NO.:

 

 

 

COMPLAINT

 

COMES NOW, Plaintiff NELSON F. WILES, an individual (hereinafter “Plaintiff”),
by and through his attorney of record, ALBRIGHT, STODDARD, WARNICK &
WARNICK, and as and for his Complaint against Defendants NP BOULDER LLC, and
BOULDER STATION HOTEL & CASINO (hereinafter “Defendants”), DOES I through
X, and ROE CORPORATIONS I through XX, inclusive, allege and aver as follows:

JURISDICTION

  1. At
    all times mentioned herein, the Plaintiff was and is a resident of Clark
    County, Nevada.
  2. Upon
    information and belief, at all times mentioned herein, Defendants NP BOULDER
    LLC and BOULDER STATION HOTEL & CASINO (hereinafter sometimes collectively
    “Boulder

Station”), were and are a
Domestic Limited Liability Company, duly authorized to conduct business in the
State of Nevada.

3.         Upon information and belief, at
all times mentioned herein, Defendant Donald Clayton, was a visitor at the
Boulder Station in Clark County, Nevada.

4.         The true names and
capacities, whether individual, corporate, associate or otherwise, of
Defendants DOES I through X and/or ROE CORPORATIONS I through XX, inclusive,
are unknown to Plaintiffs, who therefore sue said Defendants by such fictitious
names.  The Plaintiffs are informed, believe and thereupon allege that the
Defendants designated herein as DOES I through X and/or ROE CORPORATIONS I
through XX, inclusive, are any one of the following:

(a)        Parties responsible in some
manner for the events and happenings herein referred to that caused injuries
and damages proximately thereby to the Plaintiffs as herein alleged;

(b)        Parties that are the agents,
servants, employees and/or contractors of the Defendants, each of them acting
within the course and scope of their agency, employment or contract;

(c)        Parties that own, lease, manage, operate,
secure and/or are responsible for the premises referred to hereinafter; and/or

(d)        Parties that have assumed or
retained the liabilities of any of the Defendants by virtue of an agreement,
sale, transfer or otherwise.

The Plaintiffs will ask leave of the Court to amend this Complaint to insert
the true names and capacities of said Defendants, DOES I-X and ROE CORPORATIONS
I-XX, inclusive, when the same have been ascertained by the Plaintiff, together
with appropriate charging allegations, and to join said Defendants in the
action.

5.         The acts and omissions alleged
hereafter occurred within Clark County, State of Nevada.

GENERAL
ALLEGATIONS

6.         Plaintiffs repeat and
reallege each and every foregoing paragraph set forth above and incorporate the
same by reference as though fully set forth at length herein.

7.         At all times mentioned
herein, particularly on or about December 27, 2011, the Defendants owned,
operated, possessed, controlled and/or maintained the property located at 4111
Boulder Highway, Las Vegas, NV 89121, commonly known as the Boulder Station
Hotel & Casino.

8.         On or about December 27,
2011, Plaintiff was lawfully on the premises of the Boulder Station.

9.         During the late afternoon or
evening of December 27, 2011, Plaintiff was using a restroom located near the
buffet area of the Boulder Station, where he was approached by a younger man who
made sexual advances toward him.  In an effort to get away from this
individual, Mr. Wiles proceeded to walk toward the nearest exit of the casino
(near the swimming pool area on the northwest end of the property).

10.       After exiting the casino, but while still
within feet of the casino door, the individual, who had followed Plaintiff
outside, again approached Plaintiff, again making unwanted sexual advances,
this time grabbing Plaintiff in the crotch area.

11.       At this time, another individual, later
identified by police as Defendant Donald Clayton, approached Plaintiff to ask
why Plaintiff was talking to his (Clayton’s) boyfriend.

12.       Following a verbal altercation, Defendant
Clayton shoved Plaintiff in the chest, repeatedly.

13.       Defendant Clayton shoved Plaintiff so hard
that he caused him to step backwards and fall, violently striking his head on
the ground, knocking him unconscious.

14.       In spite of their proximity to the door of
the Boulder Station, hotel/casino security did not find Plaintiff until some
time later, at which time he was rushed to the hospital for emergency medical
treatment.

15.       Plaintiff’s injuries included severe brain
injury, including bleeding within his brain, which required several weeks of
hospitalization, and continue to severely affect him, including causing serious
pain, personality change, forgetfulness, confusion and inability to
focus.

16.       The costs of Plaintiff’s medical care have
been voluminous, and Plaintiff will continue to struggle with the effects of
this injury for the remainder of his life.

17.        Defendant Boulder Station employed or
negligently failed to employ security personnel who then failed to protect or
come to the aid of Plaintiff while he was brutally assaulted on the Boulder
Station premises.

18.       As a result of Plaintiff’s injuries,
Plaintiff has sustained damages in excess of $10,000.00.

19.       Plaintiff has been required to retain the
services of a law firm to prosecute this action and is entitled to reasonable
attorneys’ fees.

FIRST
CAUSE OF ACTION

(NEGLIGENCE
– AGAINST DEFENDANT BOULDER STATION)

20.       Plaintiff repeats and realleges each
and every foregoing paragraph set forth above and incorporates the same by
reference as though fully set forth at length herein.

21.       Defendant Boulder Station was under a
duty to provide reasonable, adequate, and sufficient security personnel and/or
to otherwise take appropriate steps to ensure the safety and protection of
persons lawfully on the premises of the Boulder Station, such as Plaintiff.

22.       Defendant Boulder Station, based on the
place and character of the Boulder Station’s business should have reasonably
anticipated criminal conduct on the part of third parties, including other
guests and invitees of their business premises.

23.       Defendant Boulder Station, based on the
place and character of their business and/or their past experience, were under
a duty to take precautions against reasonably anticipated criminal conduct by
third parties.

24.       At all times material hereto, Defendant
Boulder Station knew or should have known that persons lawfully on the premises
of the Boulder Station, such as Plaintiff, could be victimized by, or subjected
to, criminal activities on the premises that would likely endanger their
health, safety, and/or well-being.

25.        At all times material hereto,
Defendant Boulder Station should have reasonably anticipated that it was
reasonably foreseeable from their knowledge and/or past experience that persons
lawfully on the premises of the Boulder Station, such as Plaintiff, would
suffer serious bodily injury as a result of being victimized by violent crimes
perpetrated by third persons on the premises of the Boulder Station.

26.       Defendant Boulder Station failed or refused
to take adequate precautions to protect persons lawfully on the premises of the
Boulder Station, such as Plaintiff, from  criminal and violent activities
of others, despite a reasonable likelihood that persons lawfully on the
premises of the Boulder Station, such as Plaintiff, would be victimized by, or
subjected to, such criminal and/or violent acts, which could cause such persons
serious bodily injury.

27.       As a direct and proximate result of
Defendant Boulder Station’s conduct, Plaintiff was assaulted, battered, and
otherwise victimized while on the premises of the Boulder Station, causing
severe injuries to Plaintiff.

28.       Boulder Station failed to provide adequate
security to come to the aid of Plaintiff.

29.       As a direct and proximate result of
Defendant Boulder Station’s conduct, Plaintiff suffered bodily injury, pain,
discomfort, permanent impairments, emotional distress and anxiety.

30.       As a direct and proximate result of the
foregoing, Plaintiff incurred the expenses of necessary medical,
rehabilitative, and other care, treatment and services.

31.       As a direct and proximate result of the
foregoing, Plaintiff suffered loss of the pleasures of life, including, but not
limited to, participation in life’s activities of the quality and to an extent
previously enjoyed by Plaintiff.

32.       As a direct and proximate result of the
foregoing, Plaintiff experienced sorrow, pain and suffering.

33.       As a direct and proximate result of the
foregoing, Plaintiff has sustained special and general damages in an amount in
excess of $10,000.

34.       As a direct and proximate result of the
foregoing, Plaintiff has suffered damages to the extent that he has incurred
past attorneys’ fees and expenses, and will incur future attorneys’ fees and
expenses that are presently undetermined.  Plaintiff is entitled to an
award thereof and reserves the right to amend this Complaint when such
attorneys’ fees and expenses are ascertained.

SECOND
CLAIM FOR RELIEF

(NEGLIGENT
HIRING, TRAINING AND/OR SUPERVISION – AGAINST DEFENDANT BOULDER STATION)

35.       Plaintiff repeats and realleges each
and every foregoing paragraph set forth above and incorporates the same by
reference as though fully set forth at length herein.

36.       Defendant Boulder Station, based on the
place and character of its business and/or its past experience, was under a
duty to take precautions against reasonably anticipated criminal conduct by
third parties.

37.       Defendant Boulder Station, based on the
place and character of its business and/or its past experience, was under a
duty to provide a reasonably sufficient number of servants to afford reasonable
protection to patrons from reasonably anticipated criminal conduct by third
parties.

38.       Defendant Boulder Station knew or should
have known that failure to hire, train, manage, supervise and/or control their
agents and/or employees could lead to injury of patrons.

39.        Defendant Boulder Station failed or
refused to take adequate precautions or to provide a reasonably sufficient
number of security personnel to protect persons lawfully on the premises of the
Boulder Station, such as Plaintiff, from the criminal and violent activities of
others, despite a reasonable likelihood that persons lawfully on the premises
of the Boulder Station would be victimized by, or subjected to, such criminal
and/or violent acts. 


40.       As
a direct and proximate result of Defendant Boulder Station’s conduct, Plaintiff
was assaulted and battered while on the premises of the Boulder Station,
causing severe injuries to Plaintiff.

41.       Defendant Boulder Station failed to provide
adequate security or come to the aid of Plaintiff.

42.       As a direct and proximate result of
Defendant Boulder Station’s conduct, Plaintiff suffered bodily injury, pain,
discomfort, suffering, permanent impairment, emotional distress, and anxiety.

43.       As a direct and proximate result of the
foregoing, Plaintiff incurred the expenses of necessary medical, rehabilitative
and other care, treatment and services.

44.       As a direct and proximate result of the
foregoing, Plaintiff suffered loss of the pleasures of life, including, but not
limited to, participation in life’s activities of the quality and to the extent
previously enjoyed by Plaintiff. 


45.       As
a direct and proximate result of the foregoing, Plaintiff experienced sorrow,
pain and suffering.

46.       As a direct and proximate result of the
foregoing, Plaintiff has sustained special and general damages in an amount in
excess of $10,000.

47.       As a direct and proximate result of the
foregoing, Plaintiff has suffered damages to the extent he has incurred past
attorneys’ fees and expenses, and will incur future attorneys’ fees and
expenses that are presently undetermined.  Plaintiff is entitled to an
award thereof and reserves the right to amend this Complaint when such
attorneys’ fees and expenses are ascertained.

THIRD CLAIM FOR RELIEF

(ASSAULT– AGAINST DEFENDANT DONALD CLAYTON)

48.       Plaintiff repeats and realleges each and
every foregoing paragraph set forth above and incorporates the same by
reference as though fully set forth at length herein.

49.       When Defendant Clayton approached and
engaged in a verbal and physical altercation with Plaintiff, he assaulted
Plaintiff by repeatedly shoving and otherwise touching him, thereby
intentionally placing Plaintiff in reasonable apprehension of immediate bodily
harm.

50.       As a direct and proximate result of the
foregoing, Plaintiff suffered bodily injury, pain, discomfort, suffering,
permanent impairment, emotional distress, and anxiety.

51.       As a direct and proximate result of the
foregoing, Plaintiff incurred the expenses of necessary medical, rehabilitative
and other care, treatment and services.

52.       As a direct and proximate result of the
foregoing, Plaintiff suffered loss of the pleasures of life, including, but not
limited to, participation in life’s activities of the quality and to the extent
previously enjoyed by Plaintiff. 


53.       As
a direct and proximate result of the foregoing, Plaintiff experienced sorrow,
pain and suffering.

54.       As a direct and proximate result of the
foregoing, Plaintiff has sustained special and general damages in an amount in
excess of $10,000.

55.       As a direct and proximate result of the
foregoing, Plaintiff has suffered damages to the extent he has incurred past
attorneys’ fees and expenses, and will incur future attorneys’ fees and
expenses that are presently undetermined.  Plaintiff is entitled to an
award thereof and reserves the right to amend this Complaint when such
attorneys’ fees and expenses are ascertained.

 


FOURTH CLAIM FOR RELIEF

(BATTERY – AGAINST DEFENDANT DONALD CLAYTON)

56.       Plaintiff repeats and realleges each and
every foregoing paragraph set forth above and incorporates the same by
reference as though fully set forth at length herein.

57.       When Defendant Clayton approached and
engaged in a verbal and physical altercation with Plaintiff, he battered
Plaintiff by repeatedly shoving and touching him, thereby willfully and
unlawfully using force and/or violence upon Plaintiff’s person.

58.       As a direct and proximate result of the
foregoing, Plaintiff suffered bodily injury, pain, discomfort, suffering,
permanent impairment, emotional distress, and anxiety.

59.       As a direct and proximate result of the
foregoing, Plaintiff incurred the expenses of necessary medical, rehabilitative
and other care, treatment and services.

60.       As a direct and proximate result of the
foregoing, Plaintiff suffered loss of the pleasures of life, including, but not
limited to, participation in life’s activities of the quality and to the extent
previously enjoyed by Plaintiff. 


61.       As
a direct and proximate result of the foregoing, Plaintiff experienced sorrow,
pain and suffering.

62.       As a direct and proximate result of the
foregoing, Plaintiff has sustained special and general damages in an amount in
excess of $10,000.

63.       As a direct and proximate result of the
foregoing, Plaintiff has suffered damages to the extent he has incurred past
attorneys’ fees and expenses, and will incur future attorneys’ fees and
expenses that are presently undetermined.  Plaintiff is entitled to an
award thereof and reserves the right to amend this Complaint when such
attorneys’ fees and expenses are ascertained.

WHEREFORE, the Plaintiff, expressly reserving his right to amend his Complaint
at the time of the trial of the action herein to include all parties and items
of damage not yet ascertained, demands judgment against the Defendants for each
cause of action as follows:

A.         For general damages in an
amount in excess of Ten Thousand Dollars;

B.         For special damages in an
amount in excess of Ten Thousand Dollars;

C.         For lost wages according to
proof;

D.         For interest at the legal rate;

E.         For reasonable attorneys’ fees
and costs of suit; and

F.         For such other and further
relief as the Court may deem just and proper.



 

DATED this _____day of April, 2013.

 

ALBRIGHT, STODDARD, WARNICK &

ALBRIGHT

 

 

 

____________________________________________

G. MARK ALBRIGHT, ESQ.

Nevada Bar No. 001394

WILLIAM H. STODDARD, JR., ESQ.

Nevada Bar No. 008679

801 South Rancho Drive, Suite D-4

Las Vegas, Nevada 89106

(702) 384-7111

Attorneys for Plaintiffs

 

 

 

 

 

 

 

 

About the Authors: The law firm of Albright, Stoddard, Warnick & Albright is an A-V Rated Nevada-based full-service law firm having attorneys licensed in Nevada, California and Utah. Our firm’s practice includes a strong emphasis on personal injury accidents. Call us at 702-384-7111.

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