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.
Las Vegas Justices Cherry, Saitta, and Gibbons
This is an appeal of a split verdict at trial in a personal injury case. Roseann Callara slipped and fell in the parking/valet parking drop-off area of the Las Vegas Hilton after which two employees of Hilton moved her to a nearby bench. Subsequently, Callara sued Hilton for neglecting to keep the area clean and for moving her after she fell. At trial, a jury returned a verdict in favor of Callara on her claim that Hilton employees negligently moved her after she fell. The jury, however, ruled for Hilton on the claim of failing to keep the area clean. This appeal followed. ISSUES: Did the district court abuse its discretion when it concluded that Hilton should not be held to admissions made pre-trial? Did the district court abuse its discretion by refusing to submit the admissions to the jury as evidence? Did the district court abuse its discretion by allowing previously undisclosed witness testimony, and by directly questioning that witness? Did Hilton have an obligation to create records regarding when areas of its property had been cleaned and should a jury instruction have been given that the Hilton spoiled evidence when Hilton did not destroy any records, but instead never created the records that Callara sought?
