Not even a room comp!!!!
She spent the next day and a half in the hospital and will have to have reconstructive surgery on her hand. Pretty scrapped up and bruised, but all in all, it could have been much worse.
I understand that the hotel does not want to admit any responsibility, but I was shocked when he told me that they did not even offer to comp their stay!!!!
Its in the hands of his lawyer now. It will interesting to see what happens.
It should have been in the hands of his lawyer the moment the ambulance was called. Was the NYNY employee on duty at the time or just there as a gambler who was pulling up to the valet parking area? Stand by for being served with a lawsuit for having to have her blood washed off his car.Quote: timberjimIts in the hands of his lawyer now. It will interesting to see what happens.
His lawyer, by the way, is his lifelong friend and a member of our regular golf group. You can be sure that he will look out for him.
Quote: timberjimShe spent the next day and a half in the hospital and will have to have reconstructive surgery on her hand. Pretty scrapped up and bruised, but all in all, it could have been much worse.
Wow, I'm sorry for her but glad that her injuries weren't any worse than they were.
Quote: timberjimMy golfing buddy just got back from a 5 day Christmas trip with his family to Vegas. His son (lives there) picked them up at the airport and dropped them off at the entrance to NYNY. While crossing the valet area to the entrance, his wife was run over and dragged under a car!!!! The driver was an employee of NYNY using the valet service, but not one of the valets.
She spent the next day and a half in the hospital and will have to have reconstructive surgery on her hand. Pretty scrapped up and bruised, but all in all, it could have been much worse.
I understand that the hotel does not want to admit any responsibility, but I was shocked when he told me that they did not even offer to comp their stay!!!!
Its in the hands of his lawyer now. It will interesting to see what happens.
If you think like a lawyer it is not suprising. Giving a comp shows liability. Hope all is well with her recovery, sorry to hear that.
Quote: FleaStiffIt should have been in the hands of his lawyer the moment the ambulance was called.
Exactly. I was struck by a truck as a pedestrian on a companies property by one of their trucks and I called my lawyer from the emergency room. He said don't say ANYTHING to anybody about the accident no matter what they try and ask me. sure enough when I went back to get my car, I was peppered with questions from somebody from corporate. he was really pissed when I said I'd talked to my lawyer and he told me not to say anything. He wasn't pissed, he was furious. Of course they're not going to comp you, they're not idiots. They'll settle out of court, a jury would kill them.
And I find it a shame that a company could not offer a "goodwill gesture" without it being taken as an admission of guilt and responsibility.
Quote: WizardI'm no lawyer, but I think the lawyer's advice was right to not say anything. .
Absolutely! Anything you say at the accident scene can and will be used against you. If you act unsure about what happened and say 'I don't know' a lot, they will throw it in your face again and again. After my pedestrian accident, the lawyers for the other side called me again and asking for my 'statement' and I always gave them my attorneys number. They would ask why I needed an attorney and I would say 'ask him'. That really set them off. As far as this casino valet accident, they have it all on video, but I'm sure its long gone in an unfortunate erasure mistake.
Mark
Quote: marksolbergI'm not a lawyer, nor did I stay at a Holiday Inn Express last night, but where is the liability from the hotel? I'm assuming that the driver was not a NYNY employee at the time of the accident, I could be wrong about that.
Mark
Even if he was an employee [EDIT - Not on shift] at the time, sure no liability lies with NYNY and all with the guy who left the handbrakes off.
Quote: marksolbergI'm not a lawyer, nor did I stay at a Holiday Inn Express last night, but where is the liability from the hotel? I'm assuming that the driver was not a NYNY employee at the time of the accident, I could be wrong about that.
I suppose simply for where it happened. but also any lawyer could, i suppose, point out there was no sign warning patrons to set the hand brake and/or not to leave the car in gear.
The victim should hope so! That would have been a tragic "loss" several years ago, but failure to preserve electronic evidence when litigation is anticipated is very, very frowned upon today. Losing critical electronic evidence today would frequently result in an instruction to the jury to assume the video showed NYNY's worst possible scenario. (This is what I do for a living.)Quote: EvenBobAs far as this casino valet accident, they have it all on video, but I'm sure its long gone in an unfortunate erasure mistake.
Quote: travislLosing critical electronic evidence today would frequently result in an instruction to the jury to assume the video showed NYNY's worst possible scenario. (This is what I do for a living.)
That is what is alleged with the Jim Gibbons/Chrissy Mazzeo parking garage tapes. link.
Quote: WizardThat is what is alleged with the Jim Gibbons/Chrissy Mazzeo parking garage tapes. link.
That's why I miss the good old days of Vegas. If this sort of thing had happened in, say, Vegas in 1980, let's say at the Horseshoe, the driver would have backed up to run over the victim again until he/she was dead, then the head of security would have given all witnesses $100 to keep them quiet, and last of all, the surveillance tapes would have been destroyed and the guard who actually saw it all would have been fired and given a one-way plane ticket to Kansas City and a strong encouragement to use it within the next twenty-four hours.
Quote: EvenBobAbsolutely! Anything you say at the accident scene can and will be used against you. If you act unsure about what happened and say 'I don't know' a lot, they will throw it in your face again and again. After my pedestrian accident, the lawyers for the other side called me again and asking for my 'statement' and I always gave them my attorneys number. They would ask why I needed an attorney and I would say 'ask him'. That really set them off. As far as this casino valet accident, they have it all on video, but I'm sure its long gone in an unfortunate erasure mistake.
This isn't limited to the defendant but also the plaintiff! I worked for a company and took over after questionabe work led to a lawsuit. I had noithing to do with the work but was involved enough to potentially be deposed. The case went on for longer than I kept the job. (Partly due to two lawyer changes, one of which was on the 72nd floor to the World Trade Center.) I get a call on a SUNDAY NIGHT by the plaintiff wanting to ask me questions. I told him I had to talk to the company lawyer. He was upset but polite as he needed me more than I needed him. He asked why. I told him I was under a gag order, which I was. He called one more time and it eventually died. My old company knew I could sink them as they had major problems and I did not leave on the happiest terms.
The case still makes the news from time to time, saw it again last year.
Quote: WizardI'm no lawyer, but I think the lawyer's advice was right to not say anything. Not comping the room was the NYNY's way of not saying anything as well. I predict about a 100K settlement.
Right on, provided that the valet was on duty and was not an independent contractor.
Quote: avslykeany result to this yet timber? keep us posted and hope she has recovered well.
No result yet. Surgery went well but found more damage to the hand and wrist than expected. I understand that nothing is being discussed until she is totally released from post surgery care and to see if she is going to suffer permanent damage. I will post something when it is settled. Thanks for your concern.
Quote: timberjimge. I will post something when it is settled.
Did the woman have car insurance? She's covered under her policy if she is. Just be aware the insurance co will get their money back directly from the settlement, thats how it usually works. We'll hear from you in about a year and a half. Thats about how long it takes.
As reported, it seems the NYNY employee was apparently arriving to work, and inadvertently left the car in reverse with the motor running while dropping it off to be valet parked.
It seems to me that she was not yet on the job, her actions were not done while performing duties on behalf of her employer.
Oh sure, the lawyer might make claim against the casino, and ultimately they might pay something for nuisance value, but the casino just doesn't seem to be a viable target defendant.
Your claim lies against the car owner (and her insurance), and if the policy limits are insufficient, then against your own underinsured policy.
Be interesting to see if your lawyer can construct a silk purse out of a sow's ear.
Turns out the driver that caused the accident had no insurance and no assets. My buddies insurance company is paying for everything under the uninsured motorist coverage of his policy.
He never looked at this as a cash cow. He just wanted to be sure his wife was well taken care of. They are discussing something in the very low 5 figures for pain and suffering when all is said and done.
