The state Supreme Court recently reversed a decision made by Clark County District Court back in 2009, regarding a slip and fall accident that happened on the premises of a Las Vegas restaurant, Carmine's Little Italy. When the lawsuit was originally brought to court, Debbie Giglio was awarded $3.5 million by a jury who ruled that the restaurant had been 49% liable for her accident. Giglio had slipped on what she claimed to be an oily surface on the floor on her way to the restroom, and suffered from a resulting back injury that cost her hundreds of thousands of dollars in medical expenses.
The Supreme Court has since decided that evidence provided in the original case was misleading for jurors, however. Since the Clark County Judge, Timothy Williams, had excluded certain evidence from being presented in the case, it has now been determined that other circumstances may have factored into her fall and the resulting injuries. When Giglio arrived at the restaurant, it was concluded that she had consumed four beers and two glasses of wine within the 45 minutes she was there before visiting the restroom. Also, she had knowingly suffered from chronic back pain for 11 years prior to her injury.
In light of this excluded evidence, Supreme Court judges have since decided to overturn the previous ruling. Giglio can pursue a new trial, but it must be based on the new findings. To pursue a premises liability claim in lieu of a slip and fall, there are certain factors that must be considered, like intoxication at the time of the accident and pre-existing medical conditions that may have factored into the severity of the injury. In order to claim compensation for a wrongful injury, the case must "be to be able to prove that the property owner was negligent in some way in regard to maintaining, inspecting or repairing property grounds."
If this cannot be adequately deduced with the evidence that is provided, a case like Giglio's is likely to be lost or overturned. If you have suffered a slip and fall injury due to a valid premises liability, however, you should not hesitate to bring your claim to court. It is important to understand the scope of a valid claim so that you will not face the same ultimate resolution that Giglio did, but if you have any concerns about the circumstances of your case, you should go over the facts with a qualified attorney prior to filing a claim. To enlist the help of a knowledgeable attorney, contact
Whitley Law Firm today. With over 35 years of experience, the firm can easily discern a valid case from one lacking the necessary evidence.