CASE FACT SCENERIOS

On September 28th, Plaintiff Marivella was a customer of Defendant Laura’s Treasures, Llc (hereinafter ‘LTs) and Doug, owner, during business hours and lawfully on the premises of defendant LT’s retail establishment for the purpose of shopping and purchasing certain items on display for sale. Plaintiff Marivella purchased the collector’s Draco Fantasy Dagger adorned with a leather handled, 8-inch stainless steel, razor sharp curved blade. She told Doug, the defendant store owner/cashier, that she wanted the dagger and Defendant Doug took the dagger, rang it up, and issued a credit card receipt totaling $146.14. Doug then wrapped the dagger in a thin single layer of foam wrap and put it in a plastic Walmart grocery bag and handed the plastic bag containing the dagger to Marivella who took it and placed it in her trunk. At some point after arriving home, Marivella lifted the plastic Walmart bag from the trunk and the weighted dagger easily and immediately sliced through the plastic bag striking Marivella causing lacerations on her hand and leg.

The next day, Marivella went to Boulder City Hospital to treat the laceration to her hand and leg. The cuts were cleansed, bandaged and she was given antibiotics.

The lacerations caused her pain and discomfort restricting the use of her hand and leg. Her symptoms and restrictions caused her to have anxiety and stress which resulted in her having interrupted sleep, she was unable to bend her leg, she couldn’t use the stairs, she took longer showers, she was restricted in bending at the knee, she couldn’t do her normal work-outs and she gained weight. The impact on her normally physical life resulted in her having high blood pressure and ultimately on 10/3/19 she had to go to the hospital for evaluation and blood tests. Marivella contends her high blood pressure and her return to the hospital for the er evaluation, x-rays, labs, EKG/ECG and supplies were all related to the subject incident.

Prior to the incident, Marivella was very active regularly walking and taking the stairs at work for exercise and fitness. She and her husband also liked to go dancing and listening to live music on the weekends.

The incident resulted in a permanent scar on Mariella’s right leg above the knee which she contends has disfigured her appearance. Arguably, scar disfigurement can affect a person’s appearance causing a negative body image, self-consciousness and insecurity which often leads to emotional or psychological distress. Historically, our society emphasizes physical beauty, physical appeal and attraction, body image, and physical desirability. The most significant harms and losses caused in scar disfigurement cases are the intangible general damages of emotional pain and suffering and loss of enjoyment of life. Typically, scar disfigurement cases usually have low past medical bills compared to the more significant damages associated with pain and suffering and loss of enjoyment of life.

• Marivella was a fit attractive 59 year-old woman at the time of the incident
• Marivella was a senior case management rn working at umc hospital in lv
• Marivella only wore knee high skirts never long dresses
• Marivella was never injured on the job; never made a worker’s comp claim
• She had never previously injured herself in a store and had never previously made an injury claim against any store.

Marivella sued Laura’s Treasures and its co-owner Doug for their negligence in packaging and delivering the knife and causing injuries. The law allows that an employer (i.e., Laura’s Treasures) is vicariously liable for the negligent acts of its employees which occur within the course and scope of employment. LT’s and Doug claim they are not responsible for the injuries which occurred to Marivella because:

1. Defendant Doug claims he offered to get Marivella a box in the back room to place the dagger in but that Marivella said she was in a rush and to just give it to her. [Marivella contends Doug never asked her if she wanted the dagger put into a box or how she wanted it packaged for delivery] and
2. because Marivella was not injured on their premises but after she got home and removed the bag with the knife from her trunk.

On December 21, 2017, Joshua was driving home from Meadow Wood Mall going northbound on Rock Boulevard between G and H streets in Reno Nevada. Rock Boulevard has 2 lanes in each direction of travel going northbound and southbound. Joshua was driving on the inside lane behind another vehicle when he saw the brake lights of another vehicle, a Ford Focus, as it was in the middle of the block. The Ford Focus came to a stop apparently to make a left turn on a double yellow line into a private drive.

Joshua stopped his Mazda about 1 car length behind the Ford and was stopped from 6-15 seconds and was then struck in the rear by a Renown Health Hospital Transport van. The transport van was driven by employee Michael V. Joshua did not hear the screeching of brakes prior to impact.

At the time of the impact, Joshua’s hands were on the steering wheel, his seatbelt was on, no music was playing in his car, and he did not see the vehicle behind him before the impact. On impact, Joshua was thrust forward, his chest and stomach hit the steering wheel, the back of his head hit the headrest, and his left shoulder, elbow and forearm struck the driver’s door.

The initial impact caused his car to move forward and strike the rear of the Ford Focus. After about 1 minute Joshua exited his car and shortly thereafter called 911. All other drivers exited their vehicles as well. Joshua recalled the driver of the transport van admitting he didn’t see him in front and admitted to texting while driving. Joshua asked the driver (Michael) for his auto information but the driver returned to his vehicle and didn’t return.

The speed limit on Rock Boulevard was 30 mph but Joshua did not know the speed of the Renown van prior to or at the point of impact. Joshua went straight home after the collision, took out the Christmas presents and went to bed. He woke up the next day on 12/22/17 and felt pain in his neck, mid back, lower back and hips. He decided to go to St. Mary’s hospital for an evaluation. His mother went to his apartment, picked him up and drove him to the hospital. He was evaluated, diagnosed with acute traumatic back pain, muscle spasm, directed to apply ice, and released from work for 5 days and was prescribed Naproxen and Flexoril. From 12/28/17 – May 2020, Joshua received Chiropractic and physical therapy. The MRI imaging studies of NECK showed C3-4 disc herniation and C5-6 disc bulge both with annular tearing and C6-7 disc bulge. The MRI studies of Mid-Back showed possible subacute fracture at T11 rib. The MRI studies of LOW BACK showed L4-5 disc bulge impressing L4 nerve root and an L5-S1 disc herniation with displacement of L5 nerve root.

Pain management doctor, Dr. H performed diagnostic MBB (medial branch block) right and left neck followed by a radiofrequency ablation (RFA). A MBB contains a steroid medication which reduces inflammation to a painful area which is both therapeutic and diagnostic. Radiofrequency ablations use radio waves to sever the nerves to stop pain signals from nerve to brain. Nerves generally regrow in 12-14 months and the pain can return as well. Dr. H also performed a diagnostic MBB in the right and left low back followed by radiofrequency ablation. Dr. H also gave Joshua trigger point injections in his left thoracic and lumbar back for pain. The MBB and RFA reduced his pain levels for a period of time.

In December 2022, Joshua had repeat RFAs in his neck and back.

Joshua’s doctors who performed physical examinations and rendered medical treatment all contend the medical tx was related to the subject incident and that all charges were reasonable and customary. Joshua’s medical bills exceed $250,000. He will require a future life care plan which totals over $350,000.

• Joshua was 22 years old at the time of the MVA
• In best shape of his life prior to the MVA
• Joshua worked out with weights regularly 3x/week member at Planet Fitness
• Joshua was a security guard at Peppermill Hotel/Casino at time of collision
• Missed 3 weeks of work from MVA. Loss wages $2,520
• Joshua was never involved in any other motor vehicle accidents or any accidents
• Joshua never previously treated with chiropractor, physical therapist, or pain management doctor. He never had any surgeries prior to the MVA

Joshua sued Renown Health and its employee Michael V for their negligence in causing the collision and his injuries. Employer Renown Health is vicariously liable for the negligent acts of its employees which occur within the course and scope of employment.

This matter is an action for personal injuries resulting from a slip and fall incident which occurred on or about September 13, 2021, in Clark County, Nevada. Plaintiff SHAY P was a guest on Defendants’ premises located at 3667 S Las Vegas Boulevard, Las Vegas, NV 89109. As Plaintiff Shay P was walking down the concrete steps to exit from the pool and pool deck area in order to return to the hotel/casino buildings she was caused to slip and fall on the dangerously slippery surface of the concrete steps. The dangerous condition of the concrete steps was known or should have been known by PLANET HOLLYWOOD RESORT & CASINO so as to take measures to protect its guests from known dangerous conditions then existing on its property. Consequently, Defendants did not exercise due diligence when they failed to keep the concrete steps in a safe and hazardous free condition which caused Plaintiff to suffer serious bodily injuries. As a direct and proximate cause of this accident, Plaintiff SHAY P sustained serious physical injuries. SHAY P sustained the following injuries, including but not limited to:

• Left Trimalleolar Ankle Fracture
• Left ankle pain
• Loss of ability to ambulate without assistive device
• Impaired Joint Mobility
• Limited Range of Motion
• Impaired Gait
• Impaired Balance
• Left Ankle PTA
• Left Peroneal Tendon Adhesion
• Left Ankle Painful Hardware
• Pain While Walking/Running
• Post ORIF pain; L. Ankle
• Post ORIF swelling; L. Ankle

On September 14, 2021, Lay underwent an Open Reduction Internal Fixation surgical operation for her left trimalleolar ankle fracture. On July 15, 2022, Dr. M. performed a second left ankle operation which included:

1. Left ankle arthroscopic debridement 
2. Left peroneal tenolysis with release
3. Left medial malleolus hardware removal
4. Left anterior tibia hardware removal 
5. Left fibular hardware removal

Plaintiff’s past medical expenses alone total over $150,000.00. Plaintiff continues to suffer from her injuries and continues to have limitations in her daily activities, including but not limited to, doing household chores, walking, running, bending, and squatting. Shay sued Planet Hollywood for its failure to maintain the concrete steps in good condition.

This claim is brought in connection with Maria’s slip and fall which occurred on August 10, 2021 at Albertson’s Supermarket located in Las Vegas Nevada. At the time of the incident, Maria was at the check-out counter with her two adult daughters, Susana and Elizabeth P, when she was caused to slip and fall on a white, slippery, creamy substance which was on the floor in the check-out aisle. This substance was not readily visible to Maria prior to her slipping and falling to the ground. After she fell, the cashier assisted Maria and the bag boy was overhead to say he had forgotten to clean the substance from the floor. Shortly thereafter, the manager arrived to investigate and completed an incident report.

As a result of this incident, Maria sustained tears in her medial meniscus and required steroid injections to treat her condition.