High court rejects lawsuit in killings at LV restaurant

Tuesday, Dec. 18, 2001 | 9:19 a.m.

CARSON CITY -- The Nevada Supreme Court has ruled that the survivors of a 21-year-old employee who was stabbed to death during a robbery at a Las Vegas steak house could not sue the restaurant.

The court Monday rejected the appeal of Alexander Gianakis, who is special administrator of the estate of Mathew Gianakis. Mathew Gianakis and another employee, Carl Dixon, 23, were stabbed to death in April 1996 during a robbery at the Lone Star Steakhouse at Cheyenne Avenue and Rainbow Boulevard.

Marlo Thomas was sentenced to death for the killings.

The survivors of Gianakis filed a wrongful death suit against the restaurant. District Judge Mark Denton granted a pre-trial summary judgment in favor of Lone Star on grounds the business is immune from suit by the state's worker compensation laws.

The Supreme Court said the sole remedy in these cases involving death on the job is industrial insurance. The court said the killing of Mathew Gianakis arose out of his employment and the survivors can collect only under the industry insurance benefits.

The court also dismissed the appeal of Patrice Whitlow, who was barred from receiving workers compensation benefits from an accident she apparently staged.

Whitlow contended that a truck backed into her and knocked her down while she was on her job at Frehner Construction Co. in Las Vegas. The truck, she said, rolled over her, injuring her back, neck and hips.

At an administrative hearing, the court said a witness testified Whitlow placed herself directly behind the truck and sat down. When the truck began to back up, she put her feet on the bumper and began to scream but the truck did not roll over her.