Jurors award $1.4 million
November 15, 2007 - 10:00 pm
A Las Vegas jury has awarded nearly $1.4 million to a former stagehand who suffered a severe shoulder injury in 2003 when she slipped on salad dressing at Mandalay Bay.
The woman's attorney, Brad Mainor, said he expects District Judge David Barker to sign off on the judgment today.
Mainor represents Suzynne Fowler, who was working as a stagehand for Production Support Services in the resort's convention area on June 19, 2003, when she slipped and fell, causing her shoulder to slam into a doorjamb.
"It's changed her life dramatically," the lawyer said.
Attorney Troy Peyton, who represents Mandalay Bay, could not be reached for comment Wednesday.
Mainor said Fowler, now 52, worked as a personal dresser for entertainer Wayne Newton for seven years and once owned a Las Vegas company called Theatrical Rags, which manufactures draperies. Mainor said Fowler built the sails for the ships in front of Treasure Island with her own hands.
"She loved to make things with her hands," the lawyer said.
Mainor said Fowler has lost much of the use of her right arm because of the 2003 injury. He said she has had four surgeries and is in need of a fifth one.
"Every time she moves her arm, she suffers bruising and swelling in her shoulder," Mainor said.
He said Fowler spent most of her adult life working as a stagehand, following in the footsteps of her parents. Her three brothers also work as stagehands.
Because of her shoulder injury, Fowler had to sell her business and no longer can do the work of a stagehand, Mainor said. He said the woman's employer has accommodated her by placing her in a supervisory position.
Mainor said evidence at trial showed that five Mandalay Bay employees were pushing a cart that carried a 3-gallon container of salad dressing on June 18, 2003, when it spilled in the service corridor of the convention area. Although several people reported the spill, no one cleaned it up for the next 12 hours, the lawyer said.
The following day, an employee tried to clean up the spill with a towel. Mainor said the worker's actions spread the spill from 3 feet in circumference to at least 8 feet and left behind an invisible residue.
Mainor said the employee testified that he then left the area to get a mop and returned 15 minutes later, but by that time, Fowler already had slipped on the spill. Mainor said no warning signs marked the area.
The lawyer said his client sued Mandalay Bay for negligence in 2004.
On Nov. 6, the jury returned its verdict in her favor, placing 100 percent of the blame on the defendant.
The award included $250,000 for "future lost earnings capacity" and more than $700,000 for "future pain, suffering, disability and loss of enjoyment of life."
Contact reporter Carri Geer Thevenot at cgeer@reviewjournal.com or (702) 383-0264.