Waitress’ suit against Caesars reinstated

Tuesday, Dec. 9, 2003 | 11:04 a.m.

CARSON CITY -- The Nevada Supreme Court has reinstated a lawsuit by a cocktail waitress at Caesars Palace alleging the resort was negligent in not providing security in the employee parking garage, where she was abducted twice by her estranged husband.

District Judge Valorie Vega ruled in a pretrial summary judgment that Lisa E. Malbasa was covered by the Nevada Industrial Insurance law governing workers' compensation insurance and could not bring suit against her employer for her injuries.

Malbasa alleged that in April 1998 she was abducted from the employee parking garage by Douglas Kearns, a Caesars roulette dealer, who then assaulted her. The incident was brought to the attention of the Human Resources Department of the resort, the lawsuit said.

Malbasa said when she returned to work she asked if she could park in the valet section but was denied. In May 1998 Kearns kidnapped her at gunpoint from the parking garage, she said.

Kearns, 46, then shot himself to death during a police standoff as officers were trying to arrest him.

The court said Malbasa's suit claims that Caesars Palace was placed on notice of the first attack, had a duty to take action to prevent future attacks and breached its duty by failing to permit her to valet park or take other steps to prevent Kearns' access to the property.

The court said the industrial insurance law does not cover these allegations and there should be further hearings on them.

"While Caesars Palace denies it was given notice or, if it was given notice, that it had a duty to act or acted unreasonably, these are genuine issues of material fact that preclude summary judgment as to the second incident," said the court.