Las Vegas Personal Injury Attorneys represent a client in a slip and fall case that occurred in May, 2008 at McCarran Airport in Las Vegas, Nevada. At the time of the accident, the client was getting off of a plane and walking up the jetway to the terminal when she slipped and fell in a gutter along the edge of the jetway. As a result of the fall the client’s knee was injured.
Claims were made against the Clark County, the owner of the airport and American Airlines as the operator of the flight the client took from Chicago to Las Vegas. Donald Kudler filed suit on behalf of his client after negotiations proved unfruitful. In Nevada, common carriers are held to a higher duty of care to their passengers. They are liable for damages arising out of the slightest negligence.
One of the questions in this case was whether or not the airline, as a common carrier, was held to the slightest negligence standard for accidents that occurred in the jetway. We filed a Motion for Partial Summary Judgment on the issue of the Airline’s duty in the jetway as they would not agree that the common carrier duty applied to this case. The United States District Court for the District of Nevada recently ruled on this issue holding that airlines are, in fact held to the slightest negligence standard of care in jetways. This clearly strengthens our case against the airline.
During the case, American Airlines was the unfortunate victim of economic factors not under its control and had to file for protection under the United States Bankruptcy Code. Under that Code, all attempts to collect from the debtor are stayed. We were able to work with American Airlines’ Bankruptcy Counsel in New York to have the “automatic stay” lifted as to our client’s ability to continue to prosecute her case against insurance available to compensate her for the injuries she received in the fall.
These issues are now cleared up allowing us to proceed against the airlines and to do so with the strongest case possible. Las Vegas personal Injury Lawyer, Donald Kudler says “This has been a long road for the client, but we’re now able to move forward with the case and hopefully get her a favorable outcome.”
CAP & KUDLER
3202 West Charleston Boulevard
Las Vegas, NV 89102
Phone: (702) 878-8778
Cap and Kudler was founded in 2004 by Allen A. Cap and Donald C. Kudler, two experienced Las Vegas attorneys who had worked for many years at the firm of Albert D. Massi in the areas of personal injury, general civil litigation and business transactions. Learn more.