High court clears Silver Nugget of liability in shooting death
The Nevada Supreme Court has cleared the Silver Nugget of any liability for the shooting death five years ago of patron Allen Tyrone Smith Jr.
Smith, seated at one of the North Las Vegas casino's bars, became involved in an altercation with a member of a group that had been asked to leave the adjacent Touchdown Lounge for being too rowdy. A member of the group, Daniel Ott, then pulled out a concealed gun and shot Smith to death on June 25, 2006.
Smith's estate then sued the Silver Nugget, claiming it had liability under the Nevada law that puts responsibility on the owners if harm is foreseeable. The trial court had ruled in favor of the Silver Nugget without a jury trial.
Smith's estate had argued that several fights and robberies inside the casino in the five years prior to the murder, coupled with reports of gunshots or people showing weapons outside, showed the casino had a problem.
However, the court said its review showed the Silver Nugget had taken "basic minimum precautions to ensure the safety of its patrons" and had no reason to suspect Ott of carrying a gun.
Contact reporter Tim O'Reiley at
toreiley@reviewjournal.com or 702-387-5290.
