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Bashor and Severino Resolve Premises Liability Matter for Nominal Offer

October 14, 2019

Karen L. Bashor (Partner-Las Vegas) and Mark C. Severino (Of Counsel-Las Vegas) settled a premises liability case in Clark County District Court on behalf of a Las Vegas restaurant for slightly more than 1 percent of the plaintiff's last demand. The plaintiff tripped and fell down a small flight of concrete stairs while exiting the client restaurant, resulting in severe fractures of her ankle/lower leg in four places. The fractures required three separate surgical repairs and the use of a bone growth stimulator to heal. The plaintiff alleged negligence with respect to the lighting conditions, claimed negligent design of the staircase and argued notice with other incidences. Using a grainy, low-quality surveillance video and still images pulled from it, Karen and Mark were able to show that the plaintiff turned her head and looked right immediately before tripping and falling. With the use of the video and still images, Mark got the plaintiff to admit during her deposition that she was not watching where she was walking, which was dangerous and could have caused her to fall. The plaintiff subsequently accepted a nominal offer of judgment to resolve the case before dispositive motions were filed.

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