Di Vincenzo v. Denbel

Opinion

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

UNITED STATES DISTRICT COURT

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

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

DATED: 5-15-2020 0 enon enon -3-

EXHIBIT “A”

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

JOSEPHINE DI VINCENZO, ) CASE NO.: 2:19-cv-01994-JAD-VCF ) Plaintiff, lvs. ) SECOND AMENDED COMPLAINT ) SOLOMON WOJI DENBEL; ) WHITTLESEA BLUE CAB COMPANY, ) lla Nevada corporation; and, GLENN ) ) Defendants. ) ) Plaintiff, JOSEPHINE DI VINCENZO, by and through her counsel, DENISE A. BRADSHAW, ESQ. of BRADSHAW LLC, for her Second Amended Complaint against IIthe Defendants, and each of them, avers and alleges as follows: I. Pursuant to LR 8-1, this case was removed from the Eighth Judicial District Court of lthe State of Nevada to the United State District Court on November 15, 2019, pursuant to 1128 U.S.C. §§ 1332, 1441 and 1446 and has since proceeded in this Court. That Plaintiff, JOSEPHINE DI VINCENZO, is a resident of Canada. Ul. That at all times pertinent hereto, Defendant, SOLOMON WO4J! DENBEL, was □ ilresident of County of Clark, State of Nevada, and acting as a common motor carrier of

passengers in his capacity as an employee, agent and/or representative of Defendant WHITTLESEA BLUE CAB COMPANY. IV. That at all times pertinent hereto, Defendant, WHITTLESEA BLUE CAB COMPANY was a corporation formed by virtue of and doing business in and under the laws of the State lof Nevada as a common motor carrier of passengers. Vv. That at all times pertinent hereto, Defendant, GLENN WILLIAM MURPHY, was é lresident of the County of Clark, State of Nevada. 1] (Negligence) Vi. That at all times pertinent hereto, Defendant, SOLOMON WOJI DENBEL, was ar employee, agent and/or representative of Defendant, WHITTLESEA BLUE CAE ICOMPANY, acting under the direction and control of Defendant, WHITTLESEA BLUE CAE COMPANY, and was within the course and scope of his employment and/or agency jlostensible or otherwise, with Defendants, and each of them. His actions as alleged hereir lwere either expressly or impliedly ratified and approved by Defendants, and each of them Vil. That at all times pertinent hereto, Defendant, SOLOMON WOJI DENBEL, wa: lloperating a 2016 Ford Transit Connect Van Taxicab which was owned by Defendant Vill. That at all times pertinent hereto, Defendant, GLENN WILLIAM MURPHY, wa: lloperating a 2006 Ford F150 Pick-Up Truck. IX. That at all times pertinent hereto, Defendants, SOLOMON WOJI DENBEL anc IGLENN WILLIAM MURPHY, had a duty to operate their respective motor vehicles in a safe

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

amount in excess of FIFTEEN THOUSAND DOLLARS AND 00/100 ($15,000.00). That as a further direct and proximate result of the recklessness, carelessness Inegligence and negligence per se of the Defendants, and each of them, Plaintiff will incur medical, physician, therapeutic, cognitive and other related expenses into the future in ar amount presently unascertained. Plaintiff prays leave to prove such amounts at the trial o1 Ithis matter. That as a direct and proximate result of the recklessness, carelessness, negligence land negligence per se of the Defendants, and each of them, Plaintiff was required to retair Ithe services of an attorney to prosecute this matter and is entitled to a reasonable □□□□□□□□□□ fee and costs of suit. WHEREFORE, Plaintiff prays judgment against the Defendants, and each of them llas more fully set forth below. (Negligent Entrustment) Plaintiff hereby incorporates Paragraphs I-XVII of the Jurisdiction and First Claim fo! lRelief as though set forth in haec verba. That Defendant, WHITTLESEA BLUE CAB COMPANY, as a common carrier o llpassengers, owed a duty to Plaintiff to ensure that the operation of its 2016 Ford Transi Connect Van Taxicab on the public roadways in the State of Nevada was performed in ¢ \safe, lawful and reasonable manner. XX. That Defendant, WHITTLESEA BLUE CAB COMPANY, breached its duty to Plaintif by knowingly entrusting said 2016 Ford Transit Connect Van Taxicab to Defendant SOLOMON WOW! DENBEL.

That as a direct and proximate result of the breach of said duty by Defendants, and leach of them, Plaintiff sustained injuries and damages as set forth above. WHEREFORE, Plaintiff prays judgment against the Defendants, and each of them, jlas more fully set forth below. (Negligent Supervision/Training) XXIil. Plaintiff hereby incorporates Paragraphs I-XVII of the Jurisdiction and First Claim for Relief and Paragraphs XVIII - XXI of the Second Claim for Relief as though set forth in haec verba. XXiIll. That at all times pertinent hereto, as set forth above, Defendant, SOLOMON WO4JI DENBEL, was an employee, agent and/or representative of Defendant, WHITTLESEA [BLUE CAB COMPANY. That Defendant, WHITTLESEA BLUE CAB COMPANY, as a common carrier of llpassengers, had a heightened duty to protect its passengers by ensuring that its employees, agents and/or representatives operated its vehicles in a safe, lawful anc reasonable manner on the public roadways in the State of Nevada. That Defendant, WHITTLESEA BLUE CAB COMPANY, a common carrier o lipassengers, had a duty to exercise reasonable care in the selection, training and/o Ilsupervision of its employees, agents and/or representatives who operate its vehicles on the lpublic roadways so as not to create an unreasonable risk of bodily injury to members of the llpublic, including its guests and business invitees. That Defendant, WHITTLESEA BLUE CAB COMPANY, breached said duty tc

Plaintiff. That as a direct and proximate result of the breach of duty by Defendant. WHITTLESEA BLUE CAB COMPANY, Plaintiff sustained injuries and damages as set forth llabove. WHEREFORE, Plaintiff, while expressly reserving her right to amend this Complaint to and including the time of trial to include additional Defendants, all theories of recovery and items of damages not yet ascertained, demands judgment against the Defendants, anc leach of them, as follows: 1. For general damages for in a just and reasonable amount in excess of FIFTEEN } THOUSAND DOLLARS AND 00/100 ($15,000.00); 2. For special damages for future medical, therapeutic, cognitive and relatec expenses to be proven at the trial of this matter; 3. For reasonable attorney's fees and costs incurred herein; 4. For prejudgment interest according to law; and, 5. For such other and further relief as the Court may deem just and proper in the premises. DATED this (pth day of MAY, 2020. BRADSHAW+AW LLC □□ (AWEGAMY” BY: WMA occu Fiko, Nevada 39801 ATTORNEY FOR PLAINTIFF

| hereby certify that | am an employee of BRADSHAW LAW LLC, and that on this |Idate, pursuant to FRCP 5(b), | deposited in the United States mail at Elko, Nevada, a Iltrue and correct copy of the foregoing document addressed to: 1900 Industrial Road Las Vegas, Nevada 89102; TODD M. WEISS, ESQ. 7900 West Sahara Avenue, Suite 20 Las Vegas, Nevada 89117; and, LAW OFFICES OF LEE J. GRANT, Il 8345 West Sunset Road, Suite 250 Las Vegas, Nevada 89113.

DATED this day of MAY, 2020.