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Boyd Gaming sued over man’s fall at Suncoast Hotel

Updated June 14, 2023 - 12:25 pm

The estate of a deceased man and his wife is suing Boyd Gaming and another company over injuries the man suffered in a fall at the Suncoast after he tried to use his walker to board a moving escalator.

On July 16, 2021, Roberto Samonte Bernales, and his wife were visiting the Suncoast, 9090 Alta Drive. Bernales fell backward when he encountered a “hump” on the escalator and his shirt got stuck in the moving walkway, according to a lawsuit filed on June 2 in Clark County District Court.

The man was continuously dragged for several minutes and suffered deep cuts to his head, according to Joseph Gutierrez, the lawyer for Bernales’ estate.

Bernales had attempted to get on the escalator using his walker, and the Suncoast provided no warnings to prevent a person from using the moving walkway with a walker, Gutierrez said in the complaint.

The Suncoast, which is owned by Boyd, “negligently, carelessly and recklessly maintained and allowed a dangerous condition to exist,” Gutierrez wrote.

The suit also targets the manufacturer of the escalator, Atlanta-based TK Elevator, for allegedly making a “defective” product that did not include instructions and warnings for its safe use, ultimately leading to Bernales’ injuries.

Spokespersons for Boyd Gaming and TK Elevator could not immediately be reached for comment Saturday.

Bernales’ wife, Vivienne De Jesus-Bernales, is a co-plaintiff in the lawsuit.

“Vivienne called for help multiple times for someone to stop the moving escalator walkway as it continued to operate with Roberto stuck with his head against the end of the moving walkway,” the lawsuit read.

The lawyer claimed that Bernales “suffered severe injuries as a result of Defendants’ negligence” and, following medical treatment for the injuries, ultimately died on Aug. 8, 2021.

The estate and Vivienne De Jesus-Bernales are seeking a court judgment to cover general, special and punitive damages and reasonable attorney’s fees.

Contact Jeff Burbank at jburbank@reviewjournal.com or 702-383-0382. Follow him @JeffBurbank2 on Twitter.

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