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68460 Wasmund vs. Aria resort & Casino Holdings, LLC

Date: Tuesday, February 21, 2017 10:30 AM
Duration: 00:30:00 hour(s)

Location: Advanced Technologies Academy - Las Vegas

Details/Synopsis:

This appeal stems from a highly-publicized shooting on the strip.  Ammar Harris, a pimp who recently received the death penalty for his involvement in a corresponding criminal case, attended a party at Aria’s Haze Nightclub.  After the party concluded, Aria security guards witnessed Harris arguing with a rival pimp, Kenneth Cherry, and ultimately saw another individual brandish a gun in valet parking.  Shortly after leaving the Aria, Harris shot Cherry as both were driving down Las Vegas Boulevard.  As a result of being shot, Cherry drove his Maserati into traffic and crashed into the back of a Desert taxicab, causing the taxicab to explode into flames.  Sandra Sutton, the passenger in the taxicab, died in the fire.  Cherry died from his wounds shortly thereafter.  As relevant to this appeal, Sutton’s surviving spouse, individually and on behalf of their minor children and Sutton’s estate, sued Aria for negligence in Sutton’s death.  The district court granted Aria’s motion for summary judgment dismissing the suit and awarding Aria costs.  The plaintiff then motioned the district court for relief from judgment under Nevada Rule of Civil Procedure 60(b) after additional evidence came to light during Harris’s murder trial, in which he was convicted of murder-in-the-first-degree.  However, the district court denied the motion. The issues on appeal are whether the Aria is liable for Sutton’s death, whether the district court erred by awarding Aria costs, and whether the district court abused its discretion by denying 60(b) relief.