Eighth Judicial District Court Rulings

April Rulings:

Bernardez v. Las Vegas Boat Harbor, et. al.

A-20-812414-C

Outcome: DENIED

DATE ORDERED: 4/26/22

JUDGE GLORIA STURMAN

IT IS ORDERED that Defendant Las Vegas Boat Harbor, Inc.’s Motion to Amend Answer to Assert Counterclaim Against Plaintiff Dylan Daugherty is DENIED.

Case Summary: This matter arises out of a negligence and product defect incident that took place on July 1, 2018 in Clark County, Nevada. Plaintiffs were on a 1988 Carver Yacht 27 Santego located in the Lake Mead area at Defendant Las Vegas Boat Harbor. While at the Defendant Las Vegas Boat Harbor fuel dock, the engine and the batteries on the subject yacht would not start. As a result, Defendant Las Vegas Boat Harbor employees gave Plaintiff Dylan Daugherty a Schumacher Instant Power Jump Starter to restart the yacht’s battery. Plaintiff Dylan Daugherty followed the verbal instructions of the Las Vegas Boat Harbor employees and attached the Schumacher Instant Power Jump Starter to the boat’s battery and turned the jump box power switch on. As soon as Plaintiff Dylan Daugherty turned the jump box on, there was an explosion and a fire ensued.

RULING: Defendant Las Vegas Boat Harbor, Inc. requested leave to amend its Answer to assert a counterclaim against Plaintiff Dylan Daugherty for equitable indemnity and contribution. Defendant Las Vegas Boat Harbor, Inc. argued that Dylan Daugherty failed to use due care while operating the jump starter, and as a result, caused Plaintiff Dayton Bernardez’s injuries. Judge Sturman determined that it would be far more prejudicial than probative to add a claim against Dylan Daugherty for equitable contribution and indemnity as it would require reopening and extending deadlines and would change the entire posture of the case. For these reasons, Defendant Las Vegas Boat Harbor, Inc.’s Motion to Amend Answer to Assert Counterclaim Against Plaintiff Dylan Daugherty is DENIED.

Grey v. Amanda Avila, et. al.

A-21-837504-C

Outcome: GRANTED

DATE ORDERED: 4/26/22

JUDGE ADRIANA ESCOBAR

IT IS ORDERED that Plaintiff’s Motion for Leave to Take the Deposition of Amanda Marie Avila, An Incarcerated Person is GRANTED.

Case Summary: This matter arises out of a motor vehicle collision that occurred on January 21, 2020, when Plaintiff was a passenger in Defendant Christopher Vigil’s Ford Focus, who, at the time of the collision, was operating his vehicle within the course and scope of his employment as an Uber driver with Defendant Rasier LLC d/b/a Uber. As Vigil proceeded to make a left-hand turn at the three-way intersection of John Herbert Boulevard and Centennial Parkway to go eastbound on Centennial Parkway, Defendant Amanda Maria Avila, traveling westbound on Centennial Boulevard in a Honda Accord, failed to lower her speed, and failed to stop at the intersection, causing her vehicle to strike Vigil’s Ford Focus. Avila was charged with felony driving under the influence. As a result of the collision, Plaintiff sustained significant injuries, including injuries to her cervical spine and a traumatic brain injury.

RULING: As Amanda Avila is a percipient witness with knowledge giving rise to Plaintiff’s causes of action in this matter, there is good cause to GRANT Plaintiff’s Motion for Leave to Take the Deposition of Amanda Marie Avila, An Incarcerated Person.

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