Las Vegas Personal Injury Lawyers, Cap & Kudler, represent a client who was injured in 2008 as a result of a fall in a Jetway at McCarran Airport in Las Vegas, Nevada. Juydge Miranda M. Du of the Federal District Court for the District of Nevada has previously ruled that the Airline, as a common carrier, owed the Client a heightened duty of care as she walked in the Jetway. This was discussed in a previous blog post. At the same time, the Court partially denied a previous Motion for Summary Judgment filed by the Defendants. The Orderon the prior Motions is available on FindCase.com.
The Court has issued its Order denying the Defendants’ Motions for Summary Judgment holding that the mere marking of a hazardous condition does not, in and of itself, absolve the Defendants of responsibility in this case. The Judge has also Ordered the Parties to enter a Settlement Conference to be heard by United States Magistrate Judge, Cam Ferenbach. This should be scheduled in the near future and, hopefully, we will be able to settle the case for a reasonable amount for our client.
Las Vegas Personal Injury Lawyer, Donald Kudler says “Now that the Court has, again, denied the Defendants’ Motions for Summary Judgment we can get down to the real business of settling the case. Here I was ready to Supplement my Oppositions with a new case law holding that, where a condition is allegedly open and obvious, that is just one factor in determining who is at fault for the accident and not a complete bar to recovery – the finder of fact must consider all of the factors as a whole.”
