The Nevada Supreme Court has overturned a $3.5 million judgment that was awarded to a woman who suffered back injuries when she slipped and fell in a Las Vegas, Nevada restaurant. The Supreme Court directed the case to be returned to the Kansas district court for further hearings.
Debbie Giglio was in Carmine’s Little Italy restaurant in June 2004. She got up to go to the bathroom when she slipped and fell on an alleged greasy or oily substance on the floor. Giglio suffered serious personal injuries that led to $400,000 in medical expenses.
The Nevada Supreme Court said that District Court Judge Timothy Williams was correct in his exclusion of Giglio’s prior back problems and consumption of alcohol before the slip and fall accident, but that it was wrong for Williams to give a “mode of operation” instruction to the jury. The instruction, according to the Nevada Supreme Court, would apply to a self-service restaurant where a dangerous condition might be foreseeable. But Little Italy is a sit-down restaurant, and employees testified that they did not see any slippery substance on the floor. There is a video surveillance system in the restaurant, but it was apparently not working that night.
If you or someone you love has suffered serious slip and fall injuries, and wish to pursue your Massachusetts slip, trip and fall claim, then please do not hesitate to call our Boston, MA slip and fall law office. Our Boston, MA slip, trip and fall personal injury lawyer specialists are available 24/7 to discuss your Massachusetts slip, trip and fall claim with you.
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