Category: Lawsuits

Nevada Injury Lawsuits and Recovering Lost Earning Capacity

Posted by drpadmin on August 27, 2021

If you are injured after an accident, it’s not uncommon to miss work. Sometimes the amount of time away from work is limited. But in other cases, severe injuries can completely change your career course. If you have any injury that keeps you from working in Nevada, lost earning capacity is considered in your damages.

Lost earning capacity is any future income that a victim is largely certain to lose after an out-of-court settlement or a lawsuit. When victims cannot return to work, these damages are often awarded lost wages in Nevada. Lost wages are defined as any income that has already been lost at the date of the settlement or lawsuit.

The Difference Between Lost Earning Capacity and Lost Wages

In accidents or other types of personal injury cases, Nevada law lets you recover for each of the following:

Loss of income that is reasonably expected going forward as a result of the injuries you have experienced.
Any wages and benefits from work that weren’t received between the time when the injury occurred and the lawsuit or settlement.

Lost wages are often proven with a large amount of certainty. This is because they are the amounts you have already lost due to missing work following an accident. However, lost earning capacity can be more challenging to prove. The amount is based on what you would have earned in the future if you were not injured.

The amounts are more speculative and harder to prove, but it can be done. The attorneys at D.R. Patti & Associates can help you prove the certainty needed by the court to recover lost earning capacity damages.

How Lost Earning Capacity is Calculated in Nevada Personal Injury Cases

Many factors can go into calculating your lost earnings in the future, including the following:

How long the injuries are likely to last?
Whether your income was performance-based or fixed?
Whether you will likely be able to return to normal employment?
What your long-term employment goals are?
How old you are and what your life expectancy is?
Any raises you might have received?
Your state of health before the injury or accident?
Potential for promotions in your work field?
The number of working years before your probable retirement?
Anything else that relates to your earning potential?

Length of Injury Time Needed to Recover Lost Earning Capacity

There is no specific amount of time that you must be injured to claim lost earning capacity in the state. However, Nevada typically only grants lost earning capacity if your injuries make it impossible for you to work for an extended period. This period typically extends beyond the last date when you can file a lawsuit.

The statute of limitations starts to count down as soon as you realize that you have an injury. In most cases with Nevada personal injury cases, this is a two-year period. However, it can be longer or shorter depending on the type of case. Failing to file a suit within the statute of limitations will cause you to lose your right to sue for the injuries.

With serious injuries, you may find that you cannot work while the statute of limitations is running. Other situations may lead you to miss out on promotions or other advancements within a company. Lost earning capacity in Nevada lets you recover damages for these opportunities and income.

Acquiring Damages in Nevada for Lost Earning Capacity

If you have been severely injured in the state of Nevada, you could be looking at a huge level of compensation from an insurance company. However, they work to delay your case and keep their losses low. Having an expert personal accident attorney on your side will help you get the damages you deserve for your injury.

Arbitration of Car Accident Claims In Las Vegas

Posted by drpadmin on October 8, 2020

Car accidents can result in catastrophic injuries, and they also cause relatively less serious injuries. For the majority of car accident victims, injuries include neck and back pain that may last only a few months. For those crash victims, facing the possibility of a lengthy lawsuit may deter them from pursuing a claim. Car accident lawsuits in Las Vegas could take more than a year or two. For relatively smaller car accident cases, Nevada law provides for arbitration as a means to resolve those case faster. This article describes Clark County’s Court-Annexed Mandatory Arbitration Program.

What Is Arbitration In General?

Arbitration is a process where a case is resolved by a neutral third-party, other than by a judge or jury. When lawsuits are filed, either a judge or a jury will decide the case at a trial. With arbitration, there is no judge or jury and no courtroom. Instead of proceeding with a lawsuit, the parties to a dispute can agree to hire one or several neutral persons to hear evidence and decide the case. Parties to a private arbitration can agree to make the arbitrator’s decision to be binding or not binding. Nevada has required mandatory arbitration in certain counties, such as Clark County. The decision of an arbitrator, however, is not automatically binding.

Clark County’s Court-Annexed Arbitration Program

In Las Vegas, all cases are automatically enrolled in the mandatory Court-Annexed Arbitration Program. Thus, unless exempted, all cases must first be arbitrated. The purpose of this Arbitration Program “is to provide a simplified procedure for obtaining a prompt and equitable resolution of cervical civil matters.” Absent good cause, arbitration hearings for cases in the program must be held within 6 months after appointment of an arbitrator. The laws governing the Arbitration Program can be found in the Rules Governing Alternative Dispute Resolution.

For car accident cases, the exemption that usually applies is the exemption for cases where the damages claimed are in excess of $50,000.00. A request for exemption must be submitted to the Arbitration Commissioner within 20 days after the defendant files an answer.

If the damages from a car accident claim is less than $50,000.00, it will usually be first arbitrated. In an arbitration, the case is decided by a qualified neutral third-party. Sometime after the lawsuit is initiated and a defendant files an answer, the parties in such a case will receive a list of five potential arbitrators, usually local attorneys. Each party can de-select two of the potential arbitrators, and the Arbitration Commissioner will select the arbitrator from the remaining names.

Scheduling The Arbitration Hearing

The person who is appointed as the arbitrator will hold a conference with the parties’ attorneys to discuss when the arbitration hearing should be scheduled. All arbitration hearings must generally be scheduled no later than 6 months after the arbitrator is appointed. An arbitrator may continue the arbitration hearing for another 3 months (no later than 9 months after the arbitrator is appointed) for good reason. Only the Arbitration Commissioner can extend the deadline to hold the arbitration hearing beyond 9 months and only for “unusual circumstances.”

The Arbitration Hearing

The arbitration hearing is held usually in the arbitrator’s office or the office of the one of the attorney’s involved. Again, there will be no judge or jury. Arbitration is relatively more relaxed atmosphere. The parties and arbitrator sit around a conference table. The attorney for the plaintiff (i.e., the car accident victim) will usually start with an opening statement, followed by the defendant’s opening statement.
Following opening statements, the parties can then call witnesses. Because arbitration is intended to be a cheaper and faster way to resolve disputes, doctors and other healthcare providers to the car accident victim are usually not called. This is unlike in a regular trial before a judge or jury, where doctors are usually called to testify about the accident victim’s injuries.

In arbitration cases, a car accident plaintiff can rely on the doctor’s written medical records rather than calling the doctor’s to testify, saving the plaintiff a ton of money. Doctors routinely charge for taking time away from their medical practice, and doctor’s fees can amount to thousands of dollars. Not calling doctors to testify also saves tons of time. Because of the limited number of witnesses and reliance on records, an arbitration hearing usually lasts less than three hours.

The rules require that the arbitrator issue his or her decision within seven (7) days after the arbitration hearing. After the decision is issued, either party to the arbitration can request that the car accident dispute proceed through a trial by filing a request for trial de novo. The request must be filed within 30 days after the arbitrator’s decision. If neither party requests a trial, the decision of the arbitrator becomes binding.

If you or a loved one are facing a lawsuit for injuries you sustained as a result of a car accident , the experienced trial attorneys at D.R. Patti & Associates can assist you. With a combined total of 50+ years of experience, we can advise and guide you through the process and obtain the best results possible.

Are Traffic Tickets Admissible In Car Accident Lawsuits

Posted by drpadmin on September 14, 2020

So many times in our 50+ combined years as car accident attorneys in Las Vegas, we’ve had clients question why the negligent driver is disputing a car accident when that driver received a traffic ticket for causing the accident. We’ve had to explain that traffic tickets are generally not admissible in a personal injury lawsuit. A traffic ticket citation is a mere opinion by the investigating police officer. Even if the negligent driver paid the ticket, the ticket itself does not automatically become admissible.

Personal Opinions Of Police Officers Responding To An Accident Are Not Admissible In Court

When a police officer comes to the scene of an accident, they gather evidence and then make a determination as to who caused the accident. That determination is considered an opinion and not a fact. In court, only medical and other expert witnesses can testify as to their opinions. Nev.Rev.Stat. 50.265. Unless a police officer qualifies as an expert, he or she can’t testify as to who he or she believes caused an accident.

Police Officers Responding To A Crash Generally Do Not Perform An Accident Reconstruction

To qualify as an expert in Nevada, the expert must show that they have “scientific, technical or other specialized knowledge” that will help the jury and that they have “special knowledge, skill, experience, training or education” to back up their opinions. See Nev.Rev.Stat. 50.275. Basically, this law means that police officers must show they have specialized training in accident reconstruction to be able to testify as to their opinion on who caused a crash. Also, the law means that the officer must also be able to show that he has sufficient evidence to support his conclusion.

Police officers in Las Vegas usually get some training in accident reconstruction, but not to the same extent as recognized experts in accident reconstruction. Also, the typical Las Vegas police officer responding to a crash do not do the measurements and calculations that experts in accident reconstruction do. For example, experts in accident reconstruction usually measure “crush damage” or the extent of deformity in the vehicles involved in a crash. Police officers typically do not do that. Usually, police officers responding to a car accident take statements from the drivers and passengers involved in the accident and independent witnesses. They then base their determination on those statements. When a crash results in death, Las Vegas police officers may perform a more detailed investigation and calculations. If they do, those officers may qualify as experts in court and testify to their opinions.

The leading Nevada Supreme Court decision on the admissibility of a police officer’s opinion is the personal injury case of Frias v. Valle, 101 Nev. 219, 698 P.2d 875 (1985). In that case, the plaintiff was struck by a taxi cab. In court, the drivers disputed the severity of the accident. During the trial, the court permitted the use of the police officer’s traffic crash report as evidence. After the jury found in favor of the plaintiff, the defendant cab driver appealed to the Nevada Supreme Court, arguing that the crash report should not have been admitted. The Court agreed with the cab driver and explained its decision as follows:

It is the function of the trier of fact to decide who and what caused an accident. The conclusions of Officer Sowder, based upon statements of third parties and a cursory inspection of the scene, did not qualify him to testify as to who was at fault. Evidence of the traffic citation was also inadmissible. By admitting Officer Sowder’s traffic accident report into evidence, the trial court erred.

Nevada Supreme Court, Frias v. Valle

While an investigating officer’s opinions may not be admissible, their observations of the accident scene are. Officers can testify as to what they saw, what evidence they gathered from the scene, and what the drivers said. The evidence gathered by traffic officers are invaluable to car accident attorneys and experts in accident reconstruction.

Paying A Traffic Ticket Is Generally Not An Admission of Guilt

Nevada law does say that if someone is convicted of a crime, then that person is conclusively deemed to be civilly liable for persons injured by that crime. See Nev.Rev.Stat. 41.133. The Nevada Supreme Court, however, has declared that violations of traffic laws are not considered crimes under this statute. Langon v. Matamoros, 121 Nev. 142, 111 P.3d 1077 (2005). Additionally, the Court has also said that paying a traffic fine is not the same thing as admitting guilt. Mendez v. Brinkerhoff, 105 Nev. 157, 771 P.2d 163 (1989). Most people pay traffic fines because it is easier than fighting it and going to court. The same thing cannot be said about other crimes.

Punitive Damages In Las Vegas Personal Injury Cases

Posted by drpadmin on August 11, 2020

Many people have heard the term “punitive damages” and want to know how it applies to their personal injury or car accident claim in Las Vegas. “Punitive damages” is an amount that is awarded by a jury to punish a party in a civil lawsuit. This term is also sometimes called “exemplary damages,” as the award is intended to set an example. Punitive or exemplary damages is usually contrasted with compensatory damages, which are intended to make an accident victim whole again. Compensatory damages usually include medical bills, lost income, pain and suffering, and lost enjoyment of life.

Punitive damages cannot be awarded in most cases. For a personal injury plaintiff to even be able a jury for punitive damages, the plaintiff must show that the defendant was more than negligent. Negligence generally means careless. In other words, to be able to ask for punitive damages, a plaintiff must show that a defendant was more than careless. In Nevada, usually, this means showing that a defendant acted intentionally, recklessly, or with intent to do harm. In car accident cases, punitive damages usually do not apply but may apply in drunk driving cases. It should also apply to cases where a defendant was texting and driving.

In the McDonald’s coffee cup case that a lot of people seem to know about, the biggest portion of the jury’s award was the punitive damages. The jury in that case awarded $2.7 million against McDonalds. The large jury award in the case upset many people. Those people tend to refer to the McDonald’s case as an example of a frivolous lawsuit where the accident victim became rich. However, the purpose of that $2.7 million award was to punish McDonalds. The plaintiff’s attorney in that case showed that McDonalds served their coffee at temperatures higher than other restaurants. They also showed that, in a decade, McDonalds received about 700 complaints of people suffering burns from their coffee. In awarding punitive damages against McDonalds, the jury believed that McDonalds needed to be punished for their policy and deterred from continuing to follow this policy.

Nevada Law On Punitive Damages

In Nevada, the legislature enacted laws that governs when punitive damages can be awarded. Those laws can be found in Chapter 42 of the Nevada Revised Statutes (NRS). Under NRS § 42.005, a jury may award punitive damages against a defendant who “has been guilty of oppression, fraud or malice, express or implied.” NRS § 42.001 defines these terms as follows:

NRS § 42.001. Definitions; exceptions. As used in this chapter, unless the context otherwise requires and except as otherwise provided in subsection 5 of NRS 42.005:

“Conscious disregard” means the knowledge of the probable harmful consequences of a wrongful act and a willful and deliberate failure to act to avoid those consequences.
“Fraud” means an intentional misrepresentation, deception or concealment of a material fact known to the person with the intent to deprive another person of his or her rights or property or to otherwise injure another person.
“Malice, express or implied” means conduct which is intended to injure a person or despicable conduct which is engaged in with a conscious disregard of the rights or safety of others.
“Oppression” means despicable conduct that subjects a person to cruel and unjust hardship with conscious disregard of the rights of the person.

The Nevada legislature also limited how much punitive damages can be awarded in most cases. Subsection (1) of NRS § 42.005 limits the amount of punitive damage awards as follows:

Except as otherwise provided in NRS § 42.007, in an action for the breach of an obligation not arising from contract, where it is proven by clear and convincing evidence that the defendant has been guilty of oppression, fraud or malice, express or implied, the plaintiff, in addition to the compensatory damages, may recover damages for the sake of example and by way of punishing the defendant. Except as otherwise provided in this section or by specific statute, an award of exemplary or punitive damages made pursuant to this section may not exceed:

(a) Three times the amount of compensatory damages awarded to the plaintiff if the amount of compensatory damages is $100,000 or more; or

(b) Three hundred thousand dollars if the amount of compensatory damages awarded to the plaintiff is less than $100,000.

The above limitation on punitive damages do not apply to product defect or product liability cases and to insurance bad faith cases, amongst others. See NRS § 42.005(2).

Examples of Punitive Damage Awards in Nevada

In a recent Las Vegas medical malpractice case, a jury assessed $8 million in punitive damages against a local hand surgeon. The jury found that the hand surgeon had committed fraud. The plaintiff, a U.S. Air Force pilot, claimed that the surgeon performed a procedure that was not the standard of care. In fact, the plaintiff presented expert testimony that no other hand surgeon ever performed or would have performed the same procedure. The plaintiff also argued that the surgeon performed the procedure in order to guarantee that the plaintiff will require future procedures, for which the surgeon can financially benefit.

In a product liability lawsuit, plaintiffs alleged that a drug manufacturer sold hormone replacement therapy drugs that increased the risk of getting breast cancer and failed to adequately warn its customers. The jury found that the defendant guilty of malice or fraud, and a separate trial was held on the question of how much the punitive damage award should be. Following that separate trial, the jury awarded a total of $99 million in punitive damages against the defendant. See Wyeth v. Rowatt, 126 Nev. 446, 244 P.3d 765 (Nev. 2010).

If you or a loved one have been injured and want to know if punitive damages apply to your personal injury case, speak to a Las Vegas personal injury and car accident attorney at D.R. Patti & Associates. Our experienced personal injury attorneys have dealt with punitive damages on many occasions and can answer your questions. Call 702-331-3391 for a free case consultation.

Timeline of a Las Vegas Personal Injury Lawsuit

Posted by drpadmin on July 22, 2020

Timeline of a Las Vegas Personal Injury Lawsuit

A lawsuit begins with the filing of a complaint. Generally, if the accident occurred in Las Vegas, the complaint would be filed in state court. In some cases where damages exceed $75,000.00 and the parties reside in different states from each other, those cases can be filed with the federal court. This timeline will focus on cases filed in state court. The person on whose behalf the lawsuit is filed is called the plaintiff. The person being sued is called the defendant.

The amount of damages an injured person is seeking determines which state court the lawsuit is filed in. If the damages do not exceed $15,000.00, the case is filed with the Las Vegas Justice Court. If the damages exceed $15,000.00, the case is filed with the Eighth Judicial District Court.

Las Vegas Personal Injury Cases In The Eighth Judicial District Court

In personal injury cases (except Medical Malpractice), a lawsuit must be filed no later than the second anniversary of the accident. This is called the statute of limitations. This means that if the car accident or slip and fall that caused your injuries occurred on July 1, 2020, the lawsuit must be filed by July 1, 2022. If the lawsuit is not filed by the second anniversary, the lawsuit will be dismissed. Nevada’s statute of limitations applicable in personal injury cases can be found in NRS § 11.190.
Once the complaint is filed, the plaintiff has 120 days to serve the defendant with the complaint and a summons. This step is called service of process. A defendant must be served before the court can have jurisdiction over the defendant. The laws governing service of process can be found in Rules 4 and 4.2 of the Nevada Rules of Civil Procedure (“NRCP”). Failure to serve the defendant without good cause before the 120 expires can result in dismissal of the lawsuit. If additional time is needed to serve the defendant, a plaintiff should seek an extension with the court before the 120 days expires.
The best and primary way to serve a defendant is through personal service, which means that a defendant is personally handed the complaint and summons. Any person over the age of 18 years old and not a party to the lawsuit can serve the defendant. See NRCP Rule 4(c)(3). If the defendant is a legal entity, such as a corporation or a limited liability company, the company’s registered agent for service of process can be served. If the defendant is a Nevada corporation or limited liability company, you can find out who the registered agent is through the Nevada Secretary of State’s website.

If the defendant cannot be found, Rules 4 and 4.4 of the NRCP provides for alternatives to personal service. To be able to utilize those alternatives, the plaintiff or her attorneys must show that they conducted due diligence in locating defendant and attempting to serve them. Alternatives to personal service including publishing the complaint and summons.

Once the defendant is served, they have 20 days to file an answer. Once the defendant files an answer, the plaintiff can request exemption from the mandatory Court Annexed Arbitration Program or proceed through the program.

The Mandatory Court Annexed Arbitration Program

In the Eighth Judicial District Court, all cases are automatically enrolled in the mandatory Court Annexed Arbitration Program. Thus, unless exempted, all cases must first be arbitrated. The purpose of this Arbitration Program “is to provide a simplified procedure for obtaining a prompt and equitable resolution of cervical civil matters.” Absent good cause, arbitration hearings for cases in the program must be held within 6 months after appointment of an arbitrator. The laws governing the Arbitration Program can be found in the Rules Governing Alternative Dispute Resolution.

A case is exempted from the program if the case involves a claim in excess of $50,000.00. There are other reasons a case can be exempted from the program, such as public policy. A request for exemption must be submitted to the Arbitration Commissioner within 20 days after the defendant files an answer.

If a Las Vegas personal injury case is worth less than $50,000.00, it will usually be first arbitrated. In an arbitration, the case is decided by a qualified neutral third-party. Sometime after an answer is filed, the parties in such a case will receive a list of five potential arbitrators, usually local attorneys. Each party can de-select two of the potential arbitrators, and the Arbitration Commissioner will select the arbitrator from the remaining names.

The decision of the arbitrator is non-binding, unless the parties agree otherwise. This means that once the arbitrator issues her decision, either party to the lawsuit can elect to proceed to a trial by filing a “Request for Trial De Novo” within 30 days after the arbitrator issues her decision. If such a Request is filed, the lawsuit will proceed through the Short Trial program unless a party demands removal from the program within 10 days after the Request. If a lawsuit is removed from the Short Trial program, the lawsuit proceeds on the regular course of litigation.

As with the Court Annexed Arbitration Program, the Short Trial program is intended to provide a faster resolution of a lawsuit. Unlike a regular trial, a trial in the Short Trial program must occur within 120 days after the presiding judge is appointed. In a lawsuit that is not in the Short Trial program, it can take a year or more for a case goes to trial. There are other difference. Unlike a regular trial, a case in the Short Trial program only has 1 day to try the case in front of a jury of four people. Also unlike a regular trial, a pro tempore judge, rather than a district court judge, can preside over a Short Trial. The Short Trial rules can be found in the Nevada Short Trial Rules.

Scheduling Conference & Discovery

After a Las Vegas personal injury lawsuit is exempted from arbitration or an arbitrator is appointed, a scheduling conference will be held with the parties or their attorneys. If the case is in the Arbitration Program, the scheduling conference will be set by the arbitrator. If the case is not in the Arbitration Program, the plaintiff will schedule the conference. In the scheduling conference, the parties discuss how long they need to conduct “discovery” and set deadlines.
Discovery is essentially the process during which each side conducts their investigation and discloses the evidence they intend on using at trial. The Nevada Rules of Civil Procedure provide for the following ways to conduct discovery:

Interrogatories (NRCP Rule 33)
Requests for Production of Documents (NRCP Rule 34)
Requests for Admissions (NRCP Rule 36)
Depositions (NRCP Rule 30)
Site Inspections (NRCP Rule 34)
Independent Medical Examination (NRCP Rule 35)
Subpoenas (NRCP Rule 45)

In cases outside the Arbitration Program or Short Trial Program, the discovery period could last longer than 6 months after the scheduling conference. Oftentimes, it could be as long as a year. The more complex a case is, the longer the discovery period could take. If the parties cannot agree on how long the discovery period should be, the district court judge assigned to the case or the Discovery Commissioner will set the discovery period.
Along with the discovery period, the other deadlines the parties can either agree to or the court can set include deadlines for filing pre-trial motions, deadlines for disclosing experts, and the deadline for the case to be ready for trial.

Dispositive Motions, Pre-Trial Motions & Trial

In cases outside the Court Annexed Arbitration Program or Short Trial Program, the next deadline the parties usually face after the discovery period is the deadline to file dispositive motions. This deadline is usually set 30 days after the end of the discovery period. Dispositive motions are papers or briefs submitted by a party to the court, in which the party asks the court for a case-ending decision. The typical dispositive motion is called Motion for Summary Judgment.

Another deadline the parties face after the discovery period is the deadline to file pre-trial motions. Pre-trial motions usually deal with evidentiary issues. That is, the parties argue what evidence can be shown to a jury or what must be excluded.

The final step is the trial. In cases outside the Court Annexed Arbitration Program or Short Trial Program, trial can last days and, sometimes, weeks. By the time a trial starts in a case outside the Court Annexed Arbitration Program or Short Trial Program, over a year could have lapsed since the lawsuit was started.

If you or a loved one are facing a lawsuit for injuries you sustained as a result of a car accident in Las Vegas, the experienced personal injury attorneys at D.R. Patti & Associates can assist you. With a combined total of 50+ years of experience, we can advise and guide you through the process and obtain the best results possible.

People Article On Second Lawsuit Against Wayne Newton For Monkey Bite

Posted by drpadmin on April 21, 2020

Recently, D.R. Patti & Associates filed a second lawsuit against Wayne Newton for another alleged attached by Newton’s pet monkey. The victim alleged that she was asked to pose for a photo with the monkey, whose name is Boo. She also alleged she was assured that doing so would be safe. But then, as her lawsuit claims, the monkey attacked and bit her.

In the first lawsuit filed last year, Marc C. Naron, Esq., of D.R. Patti & Associates represented a 15-year old teenager who alleged she was bitten by Newton’s monkey while touring his famed estate, Casa de Shanandoah.

The Associated Press and People Magazine covered the first lawsuit. Below is the text of People Magazine’s article, which can also be found here.

Wayne Newton’s Pet Monkey Allegedly Attacked a 15-Year-Old Girl

The longtime entertainer is being sued by a Las Vegas woman for at least $15,000

By Joelle Goldstein August 09, 2019 10:47 PM

Wayne Newton‘s pet likely won’t be monkeying around any longer.

On Wednesday, the longtime entertainer, 77, was sued by a Las Vegas woman after she claimed that her daughter was attacked by his pet monkey, Boo, during a visit to Newton’s former estate, the Associated Press reports.

The civil negligence complaint, which was filed in Nevada state court and obtained by the outlet, states that Jocelyne Urena is seeking at least $15,000 in damages on behalf of her daughter, Genevieve, after the alleged incident at Casa de Shenandoah in October 2017.

Jocelyne’s attorney, Marc Naron, told the outlet that Genevieve, then 15, was bitten on her right wrist by the monkey “without any provocation” and sought out emergency hospital treatment after the encounter.

Naron also claimed that Boo, a capuchin monkey, was unleashed and uncaged during the attack at Newton’s former estate, which has since become a tourist attraction that features stables for Newton’s horses and several exotic animals.

In the time since the incident, Naron told the AP that Genevieve has undergone follow-up medical treatment, counseling and suffered a scar from the bite.

“Without any provocation, the monkey viciously attacked and bit Ms. Urena, causing injury to her body as well as emotional distress,” the lawsuit alleges, according to Las Vegas Review-Journal.

Naron did not immediately respond to PEOPLE’s request for comment.

In a statement to PEOPLE, however, Wayne and Kathleen Newton denied any knowledge of the situation.

The couple also said that they had severed ties with the company running their former home three months before the alleged attack due to Newton’s health crisis from a spider bite.

“With regard to this lawsuit, we have not seen the complaint, but our company ceased running Casa de Shenandoah July 1, 2017, due to Wayne’s almost dying from a spider bite,” they said.

“So we are not a party and have no idea what happened in Oct 2017,” the couple added.

Newton and his family lived at Casa de Shenandoah in Paradise, Nevada for over 40 years, according to the AP. In 2010, the singer, known as “Mr. Las Vegas,” sold it to investors who later converted it into a tourist attraction and museum.

CSD LLC., the company who took over Newton’s estate, are also reportedly named in the lawsuit, according to the AP.

Since April 23, 2018, Casa de Shenandoah has been closed due to property “maintenance and upgrades.” No reopening date has been announced.

Newton and his family, meanwhile, have lived at another home since 2013, the AP reports.

Pets and other animals can be so cute; but they can also be dangerous, if not outright deadly. If you or a loved one have been injured by a pet or other animal, you may have a personal injury claim. Call and speak to a Las Vegas personal injury and accident attorney at D.R. Patti to find out what your rights are.

Article On Second Lawsuit Against Wayne Newton For Monkey Bite

Posted by drpadmin on April 20, 2020

Below is the text of the article from Wonderwall.

MONKEY BUSINESS

WAYNE NEWTON SUED FOR SECOND TIME OVER ALLEGED PET MONKEY ATTACK

By Mark Gray Wonderwall 11:12am PDT, Apr 13, 2020

Wayne Newton is being sued by a woman who claims his pet monkey attacked her while she toured his former home. It’s the second time in six months the singer has been sued because of his pet monkey.

In the lawsuit obtained by the Las Vegas Review-Journal, Krystal Warner says she visited the Casa de Shenandoah, where Wayne and his wife lived for decades, in April 2018. While touring the home, she was asked if she wanted to get a picture with Boo the monkey. During the picture taking process, she says she was bitten and “viciously attacked.”

In addition to Mr. Las Vegas, as Wayne is commonly known, a handler is also named in the lawsuit.

The court documents claim everyone “had a duty to exercise due care and keep the dangerous monkey restrained and confined. … Defendants knew, or should have known, that the monkey had a propensity for viciousness and/or a propensity to bite and/or attack.”

In August 2019, a different woman filed a lawsuit on behalf of her daughter, alleging she was also attacked by Boo.

Wayne denied those allegations in court. The “Danke Schoen” crooner’s lawyer was suspicious of the new lawsuit, saying, “The length of time that has passed between the alleged incident and the filing of the lawsuit cast doubt as to the merit of the claim.”

Wayne and his wife, Kathleen, lived at the Casa de Shenandoah for multiple decades but moved out following a bankruptcy sale in 2013. Two years later, it was reopened as a museum that featured Wayne’s car collection and an array of exotic animals, including Boo.

The estate, which has been featured in many movies and television shows such as “Vegas Vacation” and “The Bachelorette,” was shut down as a public attraction in 2018.

Earlier this year, Wayne fought with the owners of Casa de Shenandoah to remove items from the estate.

The Associated Press On The Wayne Newton Monkey Bite Case

Posted by drpadmin on August 20, 2019

The Associates Press On The Wayne Newton Monkey Bite Lawsuit

Recently, Marc C. Naron, Esq., of D.R. Patti & Associates filed suit on behalf of 15-year old Genevieve Urena for personal injuries she sustained when she was bitten by Wayne Newton’s pet monkey named Boo. The bite occurred during a tour of Newton’s former home, Casa De Shanandoah. The Associated Press (AP) wrote about the lawsuit. The AP story can be viewed below.

Pets and other animals can be so cute; but they can also be dangerous, if not outright deadly. If you or a loved one have been injured by a pet or other animal, you may have a personal injury claim. Call and speak to a Las Vegas personal injury attorney at D.R. Patti & Associates to find out what your rights are.

The Los Angeles Times On The Lawsuit Against Wayne Newton Brought By D.R. Patti & Associates

Posted by drpadmin on August 20, 2019

The Los Angeles Times On The Lawsuit Against Wayne Newton Brought By D.R. Patti & Associates

Recently, Marc C. Naron, Esq., of D.R. Patti & Associates filed suit on behalf of 15-year old Genevieve Urena for personal injuries she sustained when she was bitten by Wayne Newton’s pet monkey named Boo. The bite occurred during a tour of Newton’s former home, Casa De Shanandoah. The Associated Press wrote about the lawsuit, and this story was picked up by The Los Angeles Times, amongst others. The text of the article from USA Today is re-printed below.

Wayne Newton sued over monkey biting girl visiting his home

By Associates Press

LAS VEGAS (AP) — Entertainer Wayne Newton is being sued by a Las Vegas woman who claims the veteran crooner’s pet monkey bit and injured her daughter during an invited visit to Newton’s showpiece mansion nearly two years ago.

Jocelyne Urena seeks at least $15,000 in damages on behalf of her daughter, Genevieve, in a civil negligence complaint filed Wednesday in Nevada state court in Las Vegas.

Genevieve, then 15, received emergency hospital treatment for a bite to her right wrist from a capuchin monkey named Boo, her mother’s attorney, Marc Naron, said Thursday.

The lawsuit alleges the monkey attacked the girl without provocation during a tour of Newton’s gilded former estate, Casa de Shenandoah.

Naron said the animal was not caged or on a leash and was being shown to tour guests.

The attorney said he did not know if members of Newton’s family were present at the time.

He said Genevieve underwent follow-up medical treatment, counseling, and bears a scar from the bite.

Newton’s wife, Kathleen McCrone Newton, said in an email that a family business entity broke ties with Casa de Shenandoah in July 2017, three months before the lawsuit alleges the girl was injured.

“We are not a party and have no idea what happened in October 2017,” she said.

The lavish 40-acre (16.2-hectare) property southeast of the Las Vegas Strip was home to “Mr. Las Vegas” and his family for more than 40 years. The walled compound featured several homes, gardens, pools, stables for Newton’s prized Arabian horses and a menagerie of exotic animals also including flamingos, penguins and even a sloth.

The Newtons sold it in 2010 to investors under the name CSD LLC who opened a tourist attraction and museum. The company also is named as a defendant in the lawsuit.

An attorney for the investors at that time said Thursday he no longer represents them.

Newton and his family moved in 2013 to another home.

Now 77, Newton has performed for 60 years. His best-known songs include his signature “Danke Schoen,” his 1965 version of “Red Roses for a Blue Lady,” and “Daddy Don’t You Walk So Fast” in 1972.

Pets and other animals can be so cute; but they can also be dangerous, if not outright deadly. If you or a loved one have been injured by a pet or other animal, you may have a personal injury claim. Call and speak to a Las Vegas personal injury attorney at D.R. Patti & Associates to find out what your rights are.

TMZ Covers The Wayne Newton Monkey Bite Lawsuit

Posted by drpadmin on August 15, 2019

TMZ On The Wayne Newton Monkey Bite Lawsuite

WAYNE NEWTON SUED

Thanks To Your Monkey

I HAD TO GET A SHOT!!!

Wayne Newton‘s monkey ain’t your average Curious George … cause the teenage girl who says the animal bit her says the injury required medical attention.

TMZ’s obtained a pic of the injury allegedly caused by Wayne’s Capuchin monkey, Boo. The girl’s mother is suing Newton claiming Boo bit her daughter’s right wrist 2 years ago while visiting Newton’s former estate, Casa de Shenandoah … a tourist attraction and museum in Las Vegas.

Their attorney, Marc Naron of D.R. Patti & Associates, says the bite broke the girl’s skin … causing it to swell — and she had to go to a hospital where she got a tetanus shot. The pic, btw, was taken the day after the alleged incident.

We’re told the alleged victim, who was 15 at the time, underwent follow-up treatments and was left with a gnarly scar that may be permanent. She claims she underwent counseling because of her fear of animals.

In the lawsuit, the family says Boo was not caged nor on a leash when they visited back in October 2017.

Wayne and his wife, Kathleen McCrone Newton, tell us they haven’t seen the lawsuit. They add … their company stopped operating Casa de Shenandoah in July 2017, “due to Wayne’s almost dying from a spider bite” — so they have “no idea what happened in October 2017.”