Supreme Court to rule on Caesars lawsuit

Tuesday, Oct. 14, 2003 | 9:17 a.m.

CARSON CITY -- The Nevada Supreme Court was asked Monday to decide whether a woman can sue Caesars Palace after being twice kidnapped from the resort when she was working there in 1998.

Lisa E. Malbasa's estranged husband, Douglas Kearns, allegedly kidnapped her from a parking area at Caesars Palace when she worked there as a cocktail waitress.

Kearns, who was a roulette dealer at the resort, allegedly raped her before shooting himself to death during a standoff with Metro Police.

Kearns had kidnapped Malbasa once before when both were employed at the resort, and he had been suspended from his job after the first case.

District Judge Valorie Vega issued a pre-trial judgment in favor of Caesars Palace, agreeing with the resort's argument that under workers' compensation laws, Malbasa could not sue her former employer.

But Richard Segerblom, Malbasa's Las Vegas lawyer, on Monday urged the state's highest court to overturn that decision. He said there was a failure to protect Malbasa so she should be allowed to sue for negligence.

Elizabeth Brennan, the lawyer for Caesars Palace, asked the justices to uphold Vega's decision, arguing that the workers' compensation act must be interpreted broadly. She cited a prior court decision that said a person cannot sue unless the employer deliberately intended to injure the employee.

Under workers' compensation, an employee is entitled to collect for medical treatment and receive a portion or his or her salary while they are off the job.

The court took the arguments under submission and will rule later.