Selman Breitman Obtains Dismissal of Negligence Case in Las Vegas
On the eve of trial, The Honorable Linda Bell grants Defendants' Motion to Dismiss on procedural grounds
Las Vegas, NV
November 8, 2016
On November 8, 2016, the Eighth Judicial District Court in Las Vegas granted the Motion to Dismiss filed by defendants Casey Folks, Best in the Desert, LLC, and Best in the Desert Racing Association in the case of William and Alisa Price v. Best in the Desert Inc. and Casey Folks et al., thereby dismissing Plaintiffs' lawsuit in its entirety on the eve of trial.
This case arises out of an incident that occurred during the Time Trials at the Bilek Racing Silver State 300 off-road race in April 2011. While working as a volunteer flagman during the Time Trials, Plaintiff William Price was run over by an off-road vehicle when he entered the live track. The race and Time Trials are held by defendants Best In The Desert Racing Association and Best In The Desert, LLC, which are owned and controlled by defendant Casey Folks.
Plaintiff suffered an open book pelvic fracture with associated pelvic and sacroiliac joint injuries, and underwent multiple surgeries. The Complaint filed by Plaintiff and his wife alleged negligence and loss of consortium, and included significant damages and a $1 Million demand.
All other defendants either settled or were dismissed, leaving only Best in the Desert and Casey Folks.
Plaintiffs allege that Defendants breached their duty of care to Plaintiffs by failing to provide proper training, failing to have adequate emergency medical care available, and failing to have an adequate communication system allowing for immediate contact with race vehicles in the event of a dangerous situation on the race course.
Prior counsel filed a Motion for Summary Judgment on behalf of Best in the Desert and Casey Folks. The Judge believed there were still disputed questions of fact which defeated the Motion. New counsel was retained, and was successful in knocking down Plaintiffs' punitive damages claim and alter ego claim against Best in the Desert's owner and director. Plaintiffs' economic expert was completely stricken, and all of Plaintiffs' treating physicians were precluded from testifying as experts. As a result, Plaintiffs' claims for future medical specials, lost wages and future earning capacity were dismissed.
Defense counsel then aggressively pushed the Court to act on Plaintiffs' procedural violations, including the failure to properly disclose witnesses, experts and evidence. A Motion to Dismiss Plaintiffs' Claims or Exclude Plaintiffs From Presenting Evidence at Trial was filed on behalf of Casey Folks and Best in the Desert. After hearing oral argument, Judge Linda Bell granted the motion in its entirety, resulting in complete of dismissal Plaintiffs' lawsuit.
Plaintiffs were represented by Douglas Gardner of Rands, South & Gardner.
Defendants Casey Folks and Best In The Desert, LLC were represented by Eric O. Freeman (Las Vegas) and Paul E. Stephan (Orange County) of Selman Breitman LLP.
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