Supreme Court briefs for March 21, 2005

Monday, March 21, 2005 | 8:44 a.m.

Gym member's ouster upheld

The Nevada Supreme Court has upheld Q The Sports Club's revocation of the membership of a man for his cursing, bullying and harassing other members and staff.

The court Friday dismissed the appeal of Ian Christopherson whose membership in The Sports Club was canceled in January 2000. He had been a member since 1994 and said he had a lifetime membership that could only be revoked for cause.

He argued that his behavior did not justify his ouster and filed suit claiming breach of contract. District Judge Stewart Bell ruled against Christopherson and the Supreme Court upheld the decision. It also ruled Christopherson must pay $8,900 in costs and attorney's fees of the health club.

Christopherson said he was kicked out because of his complaints that the club did not keep its swimming pool up to health standards. In his appeal he complained that Bell never conducted a trial before making a decision.

The court said both sides decided the case should be submitted on the record and it did not require a trial.

The Q has since become the Las Vegas Athletic Club.

New trial ordered in ice dispute

The Nevada Supreme Court has ordered a new trial in a contract dispute involving an ice sculpture exhibit at the Fremont Street Experience January 2002.

Artists were flown in from China to build the sculpture, but the exhibit was closed when heavy rain hit the 10,800-square-foot walk-in freezer. Water leaked into the enclosure and the roof panels collapsed, damaging one-third of the ice sculptures.

Planet China, the sponsor of the exhibit, sued contractor Mark Refrigeration, the company that built the walk-in freezer. A District Court jury in Las Vegas awarded Planet China $617,900 in damages.

Planet China appealed claiming it was due $1.25 million more. The contractor appealed the $617,900 judgment.

The court Friday said District Judge Michael L. Douglas erred when he excluded an expert witness from testifying on behalf of the contractor.