A man who suffered a knee injury when souvenirs were tossed to the crowd during a Monday Night Football viewing at the Palms was awarded a $6.6 million judgment — only to have it overturned by the Nevada Supreme Court.
While the court said the casino could be held liable for the injury, the District Court judge who first handled the case was deemed to have allowed some testimony that should have been left out, while excluding other important testimony.
The victim was at the Sportsbook Bar on November 22, 2004, when the incident occurred. An actress dressed as a cheerleader tossed gear to the fans, including t-shirts, empty water bottles, and footballs, according to official documents. A female patron injured the victim’s knee when she jumped to get one of the bottles.
The man later sued the casino for allowing an unsafe activity. According to his attorney, the injury caused years of pain and required two surgeries to repair. He was later awarded millions for pain and suffering, lost wages, and his medical expenses.
The three judges on the Nevada Supreme Court ruled that the judge was correct to rule that the casino had a responsibility to keep its patrons safe. But at the same they ruled she was wrong to disallow a security guard to testify about crowd control in a manner that would have been favorable to the Palms, because that might have changed the outcome of the case. The panel also concluded the judge allowed testimony from the victim’s doctors which should have been left out.
The Supreme Court sent the case back to District Court to be retried with a different judge.
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