Defense Verdict in Nevada Personal Injury Arbitration

December 8, 2011

Michael J. Nunez and Bradley T. Wibicki won a defense verdict for a Las Vegas bar in a binding arbitration in a personal injury case.

The plaintiff was dancing on top of a speaker at her work place while she was off-duty, when she fell from it. The plaintiff contended that she decided to dance on the speaker because her employer had recently encouraged all of the female servers to do so in an attempt to promote business. As a result of the fall, the plaintiff allegedly sustained injuries to her foot. She filed suit against the bar, its owner and its manager for damages, alleging that the defendants negligently failed to protect her from an unsafe condition, and that both the owner and manager negligently operated the business.

The defense argued that no duty of care was breached because the plaintiff was never instructed to dance on a speaker, and there was no evidence that the owner and manager were negligent in their operation of the bar or in their dealings with the plaintiff. Rather, they contended that the plaintiff, who was enjoying herself and drinking independently, decided to dance on the speaker and should be held personally responsible for any injuries she sustained as a result of her fall.