Court revives woman’s suit

Wednesday, Oct. 13, 2004 | 10:56 a.m.

SUN CAPITAL BUREAU

CARSON CITY -- A woman who lost her lawsuit against the MGM Grand regarding her fall into a pit at a construction site on the property will get to take the MGM to court again on the matter, the Nevada Supreme Court ruled this morning.

A district court jury in Las Vegas found in favor of the MGM and Marnell Corrao Associates, the contractor hired to build "high roller suites" in an area that previously was tennis courts and a pool.

Cherie Atkinson testified at the trial she had been drinking and was looking for a place to urinate when she fell 20 feet into the excavation pit. She fractured her lumbar spine and incurred medical expenses in excess of $110,000.

The Supreme Court ordered a new trial because former District Judge Gene Porter failed to give a jury instruction sought by Atkinson's lawyer. The lawyer wanted the jury instructed about the regulations that govern the erection of fences around holes, excavations and shafts.

The court said Atkinson's lawyer was entitled to have the jury instructed on the theory that was supported by the evidence. Atkinson maintained the hotel and contractor were negligent.

The contractor had secured the perimeter of the construction site but there was an entrance through a stairway leading from outside of the construction site to the interior of the site.