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Ramirez Obtains SJ in Violent Premises Liability Case

March 22, 2017

Jorge Ramirez (Partner-Las Vegas) obtained summary judgment for a commercial lessor in a premises liability case in Nevada’s Eighth Judicial District Court. A third-party gunman shot the plaintiff, who worked at a club operated by the co-defendant lessee. The plaintiff accused the lessor of common-law negligence, negligent and intentional infliction of emotional distress, and negligent hiring, supervision and retention. Jorge and Carl demonstrated that the court should not stray from Nevada law, which holds that landlords are not liable for third-party acts and injuries on leased premises. In addition, plaintiff failed to proffer any evidence showing that the lessor either exerted control over the premises or voluntarily engaged in the club’s safety or security operations. The court agreed with Jorge and Carl that the plaintiff’s claims were baseless because its client did not owe the requisite duty to the plaintiff. The court also dismissed the plaintiff’s negligent hiring, supervision and retention claims because there was no evidence that the commercial lessor employed anyone on its leased premises, including security officers. In sum, the district court judge granted Wilson Elser’s summary judgment in its entirety, pursuant to NRCP 56 and several Nevada case authorities, and dismissed Wilson Elser’s client with prejudice.

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