Judge refuses to overturn Frontier verdict

Thursday, Dec. 4, 1997 | 10:37 a.m.

District Judge Sally Loehrer Wednesday refused to overturn a jury verdict that absolved the Frontier hotel-casino of liability in the 1993 picket line beating of California tourist Sean White.

Loehrer, in deciding against granting a mistrial, discounted claims from White's lawyer, Will Kemp, that jury foreman Tyler Best had persuaded the eight-member panel to side with the Frontier while one juror was in the bathroom.

At the time, the jury was said to be deadlocked, and the absent juror, Theresa Favale, was favoring White.

Kemp had charged that Best's actions violated Nevada law when the deliberations took place in Favale's absence.

Frontier lawyers, however, presented Loehrer with a sworn affidavit from Best, who contended the deliberations were conducted properly.

In late October, the jury found that the Frontier was not negligent in the April 25, 1993, beating of White and his wife, Gail, during a confrontation with striking Culinary Union workers.

The violent confrontation was captured on Frontier videotape and shown on television around the world.

The Culinary Union has been on strike at the Frontier for more than six years, but an end to the nation's longest labor dispute is in sight.

Frontier owner Margaret Elardi has sold the Strip resort to Kansas industrialist Phil Griffin for more than $165 million. Griffin has agreed to hire back the striking workers once he obtains his gaming license early next year.

Kemp, meanwhile, has filed a motion asking Loehrer to give him a new trial in part because of the alleged irregularities in the jury room and the judge's refusal to allow him to present evidence of dirty tricks the Frontier had played on pickets during the strike.

The Whites had previously settled out of court with the union for the right to claim as much as $750,000 from the union's Arizona insurance company. The insurance company, however, is fighting the settlement.