Congratulations to Las Vegas Partner Jeffrey W. Saab and Associate Shanna B. Carter on Obtaining a Defense Award at Arbitration!
This case arose from an accident at the client’s amusement park. More specifically, Plaintiff contends that his go-kart stalled on the track, and was then struck by another vehicle being driven in a reckless manner resulting in personal injury, ongoing pain, and the need for future care.
During arbitration, and upon examination, Jeff and Shanna were able to utilize video of the incident to demonstrate that Plaintiff was driving his go-kart in an unsafe manner, i.e., with one hand. Further, they were able to demonstrate that Plaintiff could have pulled over to the side of the track to avoid the accident. They were also able to get Plaintiff to concede that there are certain risks inherent to driving a go-kart including personal injury. The Arbitrator applied the “limited duty” rule as the applicable standard of care, and based on the totality of the evidence ruled that the client gave Plaintiff adequate warning of potential risk of injury and hazards, Plaintiff could have avoided the accident and that Plaintiff failed to demonstrate that the client was negligent, and therefore Plaintiff was not entitled to any damages.
Congratulations to Jeff and Shanna and the Las Vegas team on another big win!