High court orders more hearings in Hard Rock suit

Friday, March 4, 2005 | 9:30 a.m.

SUN CAPITAL BUREAU

CARSON CITY -- The Nevada Supreme Court Thursday ordered more hearings in District Court in Las Vegas to determine if the Hard Rock Hotel must pay a $643,000 judgment in connection with a fight in which one customer was seriously injured.

The court sent the case back to District Judge Valorie Vega to take additional testimony and also to determine if the victim was partly responsible for the fight.

According to court records, Robert Gann started drinking in the afternoon of Aug. 30, 1997, and then went to the Center Bar at the hotel that night. He was involved in one brief scuffle.

Then shortly after midnight, Gann and Marc Coddette got into an argument. According to the Supreme Court opinion, Gann used racial slurs in addressing Coddette, who is black.

Coddette hit Gann in the face and threw him to the ground. Gann was taken to the hospital suffering from severe head trauma, including brain hemorrhaging. His blood alcohol level was 0.291, according to court records.

Bartender Greg Holmes did not call security when he observed the heated exchange between Coddette and Gann, according the documents.

The Supreme Court said Vega must consider "anew whether this breach of duty caused Gann's injuries -- whether Gann's injuries were the actual and foreseeable consequence of Holmes' failure to notify security of the impending altercation."

The court also said "Gann's intentional and reckless conduct may have provoked Coddette's attack." It said that the district court must re-consider whether Gann shares any of the blame for the start of the fight and his subsequent injuries.

The $643,000 judgment could then be adjusted, the court said.

Gann died prior to trial from causes unrelated to the injuries that were alleged in this suit.

The suit against the Hard Rock was brought by Gann's widow, Kay Gann, and Michele Schwartz as administratrix of the estate of Robert Gann.