Di Vincenzo v. Denbel

CourtDistrict Court, D. Nevada
DecidedMay 18, 2020
Docket2:19-cv-01994
StatusUnknown

This text of Di Vincenzo v. Denbel (Di Vincenzo v. Denbel) is published on Counsel Stack Legal Research, covering District Court, D. Nevada primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Di Vincenzo v. Denbel, (D. Nev. 2020).

Opinion

1 }|DENISE A. BRADSHAW, ESQ. Nevada State Bar No.: 10521 2 |IBRADSHAW LAW LLC 603 Pine Street 3 Elko, Nevada 89801 TELE: (775) 738-7444 4 |FACSIMILE: (775) 738-7455 E-Mail: denise@bradshawlawnv.com 5 }HATTORNEY FOR PLAINTIFF 6 |MARK E. TRAFTON, ESQ. Nevada State Bar Number: 6525 7 11900 Industrial Road Las Vegas, Nevada 89102 8 | TELE: (702) 385-1813 FACSIMILE: (702) 382-9633 9 |/E-Mail: mark@belltransportation.com - and - 10 [JOHN H. COTTON, ESQ. Nevada Bar Number 5268 11 |TODD M. WEISS, ESQ. Nevada Bar Number: 14130 12 |JOHN H. COTTON & ASSOCIATES 7900 West Sahara Avenue, Suite 200 13 Las Vegas, Nevada 89117 TELE: (702) 832-5909 14 |FACSIMILE: (702) 832-5910 Email: jncotton@cottonlaw.com 15 tweiss@cottonlaw.com 6 ATTORNEYS FOR DENBEL & WHITTLESEA RHONDA LONG, ESQ. 17 |Nevada Bar Number: 10921 LAW OFFICE OF LEE J. GRANT, II 18 18345 West Sunset Road, Suite 250 Las Vegas, Nevada 89113 19 | TELE: (702) 233-9303 FACSIMILE: (702) 780-8119 20 E-Mail: Rhlong@geico.com ATTORNEY FOR GLENN WILLIAM MURPHY

UNITED STATES DISTRICT COURT

33 DISTRICT OF NEVADA

JOSEPHINE DI VINCENZO, ) CASE NO.: 2:19-cv-01994-JAD-VCF ) Plaintiff, ) 25 ) vs. ) STIPULATION AND ORDER GRANTING 26 ) LEAVE TO PLAINTIFF TO FILE SOLOMON WO4JI DENBEL; ) SECOND AMENDED COMPLAINT 27 |WHITTLESEA BLUE CAB COMPANY, ) AND TO AMEND CAPTION 28 Ilcontinued...

1 a Nevada corporation; GLENN ) WILLIAM MURPHY; DOES I-X, ) 2 inclusive; ABC CORPORATIONS, ) inclusive; and, XYZ PARTNERSHIPS, ) 3 inclusive, ) ) 4 Defendants. ) ________________________________) 5 6 IT IS HEREBY STIPULATED, by and among counsel for the parties, pursuant to LR 7 26-1(b)(2), that Plaintiff may file her Second Amended Complaint (a copy of which is 8 attached hereto as Exhibit “A”) in the above-entitled action. 9 IT IS FURTHER STIPULATED that, pursuant to Graziose v. Am. Home Prods. Corp., 10 .... 11 .... 12 .... 13 .... 14 .... 15 .... 16 .... 17 .... 18 .... 19 .... 20 .... 21 .... 22 .... 23 .... 24 .... 25 .... 26 .... 27 .... 28 .... 1 202 F.R.D. 638, 643 (D. Nev. 2001), the DOE allegations be removed from the caption. 2 DATED this 6" __ day of MAY, 2020. 3 |BRADSHAW LAW LLC 5 |By: /s/ DENISE A. BRADSHAW By: /s/ MARK E. TRAFTON DENISE A. BRADSHAW MARK E. TRAFTON 6 Nevada Bar Number: 10521 Nevada Bar Number: 6525 603 Pine Street 1900 Industrial Road 7 Elko, Nevada 89801 Las Vegas, Nevada 89102 ATTORNEY FOR PLAINTIFF ATTORNEY FOR DENBEL/ 8 WHITTLESEA BLUE CAB COMPANY 9 |LAW OFFICE OF LEE J. GRANT, Il JOHN H. COTTON & ASSOCIATES 10 11 |By: /s/ RHONDA LONG By: /s/ JOHN H. COTTON RHONDA LONG JOHN H. COTTON 12 Nevada Bar Number: 10921 Nevada Bar Number: 5268 8345 West Sunset Road, Suite 250 TODD M. WEISS 13 Las Vegas, Nevada 89113 Nevada Bar Number: 14130 ATTORNEY FOR GLENN WILLIAM 7900 West Sahara Avenue, #200 14 MURPHY Las Vegas, Nevada 89117 ATTORNEYS FOR DENBEL/ 15 WHITTLESEA BLUE CAB COMPANY 16 17 ORDER 18 IT IS SO ORDERED. 19 IT IS FURTHER ORDERED that the caption in the above-entitled action shall be 20 |)... 21}... 22 |... IT 15 SO ORDERED. 24 |... fa OME EES

25 UNITED STATES MAGISTRATE JUDGE 26 DATED: 5-15-2020 0 27 enon 28 enon -3-

EXHIBIT “A”

1 [DENISE A. BRADSHAW, ESQ. Nevada State Bar No.: 10521 2 |BRADSHAW LAW LLC 603 Pine Street 3 ||Elko, Nevada 89801 TELE: (775) 738-7444 4 FACSIMILE: (775) 738-7455 ; E-Mail: denise@bradshawlawnv.com ‘ ATTORNEY FOR PLAINTIFF

7 UNITED STATES DISTRICT COURT 8 DISTRICT OF NEVADA 9 | JOSEPHINE DI VINCENZO, ) CASE NO.: 2:19-cv-01994-JAD-VCF ) 10 Plaintiff, 11 |lvs. ) SECOND AMENDED COMPLAINT ) 12 |SOLOMON WOJI DENBEL; ) WHITTLESEA BLUE CAB COMPANY, ) 13 lla Nevada corporation; and, GLENN ) 4 WILLIAM MURPHY, ) ) Defendants. ) 15 ) 16 Plaintiff, JOSEPHINE DI VINCENZO, by and through her counsel, DENISE A. 17 BRADSHAW, ESQ. of BRADSHAW LLC, for her Second Amended Complaint against 18 IIthe Defendants, and each of them, avers and alleges as follows: 19 JURISDICTION 20 I. 21 Pursuant to LR 8-1, this case was removed from the Eighth Judicial District Court of 22 |lthe State of Nevada to the United State District Court on November 15, 2019, pursuant to 23 1128 U.S.C. §§ 1332, 1441 and 1446 and has since proceeded in this Court. 24 25 That Plaintiff, JOSEPHINE DI VINCENZO, is a resident of Canada. 26 Ul. 27 That at all times pertinent hereto, Defendant, SOLOMON WO4J! DENBEL, was □ 28 ilresident of County of Clark, State of Nevada, and acting as a common motor carrier of

1 ||passengers in his capacity as an employee, agent and/or representative of Defendant 2 |WHITTLESEA BLUE CAB COMPANY. 3 IV. 4 That at all times pertinent hereto, Defendant, WHITTLESEA BLUE CAB COMPANY 5 ||was a corporation formed by virtue of and doing business in and under the laws of the State 6 lof Nevada as a common motor carrier of passengers. 7 Vv. 8 That at all times pertinent hereto, Defendant, GLENN WILLIAM MURPHY, was é 9 |lresident of the County of Clark, State of Nevada. 10 FIRST CLAIM FOR RELIEF 1] (Negligence) 12 Vi. 13 That at all times pertinent hereto, Defendant, SOLOMON WOJI DENBEL, was ar 14 employee, agent and/or representative of Defendant, WHITTLESEA BLUE CAE 15 |ICOMPANY, acting under the direction and control of Defendant, WHITTLESEA BLUE CAE 16 |COMPANY, and was within the course and scope of his employment and/or agency 17 jlostensible or otherwise, with Defendants, and each of them. His actions as alleged hereir 18 |lwere either expressly or impliedly ratified and approved by Defendants, and each of them 19 Vil. 20 That at all times pertinent hereto, Defendant, SOLOMON WOJI DENBEL, wa: 21 lloperating a 2016 Ford Transit Connect Van Taxicab which was owned by Defendant 22 IWHITTLESEA BLUE CAB COMPANY. 23 Vill. 24 That at all times pertinent hereto, Defendant, GLENN WILLIAM MURPHY, wa: 25 lloperating a 2006 Ford F150 Pick-Up Truck. 26 IX. 27 That at all times pertinent hereto, Defendants, SOLOMON WOJI DENBEL anc 28 |IGLENN WILLIAM MURPHY, had a duty to operate their respective motor vehicles in a safe

1 lawful and reasonable manner on the public roadways in the State of Nevada. 2 Xx. 3 That on or about the 7" day of OCTOBER, 2017, Plaintiff, JOSEPHINE DI 4 IVINCENZO, lawfully entrusted Defendants, and each of them, with her safety and well- 5 being by entering the 2016 Ford Transit Connect Van Taxicab as a guest and business 6 llinvitee. That Plaintiff provided Defendant, SOLOMON WOJI DENBEL, with the address of 7 \her intended destination. 8 Xl. 9 That at all times pertinent hereto, Defendant, SOLOMON WOJI DENBEL, owed a 10 heightened duty of care to Plaintiff - his passenger in the 2016 Ford Transit Connect Van 11 |Taxicab. 12 □□□ 13 That at the time aforesaid, Defendant, SOLOMON WOJI DENBEL, with Plaintiff as 14 |lhis passenger, was operating the 2016 Ford Transit Connect Van Taxicab westbound on 15 |Spring Mountain at the intersection with Interstate 15 in the County of Clark, State □□ 16 Nevada. 17 Xill. 18 That at the time and place aforesaid, Defendant, GLENN WILLIAM MURPHY, was 19 operating the 2006 Ford F150 Pick-Up Truck eastbound on Spring Mountain approaching 20 |Ithe Interstate 15 intersection. 21 XIV. 22 That at the time and place aforesaid, Defendants, and each of them, so recklessly 23 icarelessly, negligently and in violation of state laws and local ordinances, operated theil 24 respective motor vehicles as to cause them to collide. 25 XV. 26 That as direct and proximate result of the recklessness, carelessness, negligence 27 land negligence per se of the Defendants, and each of them, Plaintiff suffered serious 28 llnersonal injuries and pain and suffering all to her general damage in a just and reasonable

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Related

Graziose v. American Home Products Corp.
202 F.R.D. 638 (D. Nevada, 2001)

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Bluebook (online)
Di Vincenzo v. Denbel, Counsel Stack Legal Research, https://law.counselstack.com/opinion/di-vincenzo-v-denbel-nvd-2020.