Monday, October 4, 2021 - Las Vegas-Full Court

COX VS. MGM GRAND HOTEL, LLC
Docket Number: 76422
Las Vegas - 1:30 P.M. - En Banc

This is an appeal from a special verdict and denial of a motion for a new trial in a personal injury matter. Appellant Gavin Cox fell while volunteering as an audience member in the “13” Illusion act performed during the David Copperfield Show at the MGM Grand Hotel in Las Vegas. Mr. Cox and his wife subsequently sued respondents David Copperfield, David Copperfield’s Disappearing, Inc., MGM Grand Hotel, LLC, Backstage Employment and Referral, Inc., and Team Construction Management, Inc. for negligence and other claims. A bifurcated jury trial was held.

ISSUES:

After weeks of trial on the issue of liability, the jury rendered a special verdict finding: (1) Copperfield, DCDI, and MGM negligent but not the proximate cause of Cox’s injuries; (2) Backstage and Team Construction not negligent; and (3) Cox 100 percent responsible for his own injuries. Appellants filed a motion for judgment as a matter of law, or alternatively, a motion for a new trial for alleged trial errors, but the district court denied the motion. The issues on appeal are whether: (1) the district court abused its discretion in admitting sub rosa surveillance videos of Cox walking without assistance, such that it resulted in prejudice; (2) the district court failed to properly admonish the jury for improper statements MGM’s counsel made during closing argument; (3) the district court erred in submitting the issue of comparative negligence to the jury; (4) the jury disregarded the district court’s instructions resulting in an inconsistent verdict; (5) the district court was obligated to fully explain its reasoning for cancelling a jury view; and (6) the district court abused its discretion in denying appellants’ motion for a new trial.

Disclaimer:

This synopsis is intended to provide only general information about this case before the Nevada Supreme Court.  It is not intended to be all-inclusive or reflect all positions of the parties.  To access the documents that have been filed in this matter, type the docket number into the court’s case search page: https://caseinfo.nvsupremecourt.us/public/caseSearch.do

ROMANO VS. ROMANO (CHILD CUSTODY)
Docket Number: 81259 C/W 81439
Las Vegas - 3:00 P.M. - En Banc

These consolidated appeals challenge district court orders denying appellant’s motion to modify child custody and child support and granting respondent’s motion for attorney fees and costs as a prevailing party under NRS 18.010 (2) and the parties’ marriage settlement agreement.

ISSUES:

. The issues on appeal are whether: (1) the test to modify joint physical custody requires a party to show that a change in circumstances occurred since the entry of the previous custody order as well as that modification is in the best interest of the child, consistent with the test to modify primary physical custody announced in Ellis v. Carucci, 123 Nev. 145, 150, 161 P.3d 239, 242 (2007); (2) this court should revisit its holding in Rivero v. Rivero, 125 Nev. 410, 429, 216 P.3d 213, 226 (2009) requiring a court to determine the actual custody status of the children under Nevada law on the filing of a motion to modify custody; (3) the district court abused its discretion by denying appellant’s motion to modify custody based on the actual custody timeshare arrangement; (4) the district court abused its discretion by finding that respondent’s gross monthly income had not increased by 20 percent or more to warrant review of the child support obligation; (5) the district court abused its discretion by finding that there was no change in circumstances despite the new guidelines for child support in the Nevada Administrative Code taking effect; and (5) the district court abused its discretion by awarding respondent attorney fees and costs as the prevailing party.

Disclaimer:

This synopsis is intended to provide only general information about this case before the Nevada Supreme Court.  It is not intended to be all-inclusive or reflect all positions of the parties.  To access the documents that have been filed in this matter, type the docket number into the court’s case search page: https://caseinfo.nvsupremecourt.us/public/caseSearch.do