Delisle v. Rasier, LLC, No. 2:2020cv00933 - Document 14 (D. Nev. 2020)
Court Description: ORDER granting 13 Stipulation to Amend Complaint. Amended Complaint deadline: 12/8/2020. Signed by Magistrate Judge Cam Ferenbach on 11/30/2020. (Copies have been distributed pursuant to the NEF - HAM)
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Delisle v. Rasier, LLC Doc. 14 Case 2:20-cv-00933-JAD-VCF Document 14 Filed 11/30/20 Page 1 of 9 1 2 3 4 5 6 7 8 SAO RICHARD A HARRIS, ESQ. Nevada Bar No.: 505 CHARLES S. JACKSON, ESQ. Nevada Bar No. 13158 RICHARD HARRIS LAW FIRM 801 South Fourth Street Las Vegas, Nevada 89101 Phone: (702) 444-4444 Fax: (702) 444-4455 E-Mail: Charlie@RichardHarrisLaw.com Attorneys for Plaintiff 9 UNITED STATES DISTRICT COURT 10 DISTRICT OF NEVADA 11 ADELLA DELISLE, individually. CASE NO.: 12 Plaintiff, 13 14 vs. 15 17 RASIER, LLC., a foreign limited-liability company; DOE DRIVER, an individual DOES 1 through 100; and ROE CORPORATIONS 101 through 200; 18 Defendants. 16 19 20 2:20-cv-00933-JAD-VCF STIPULATION AND ORDER TO AMEND COMPLAINT Plaintiff, ADELLA DELISLE, and Defendant RASIER, LLC, by and through their respective counsel, hereby stipulate and agree, pursuant to FRCP 15 and FRCP 10, that Plaintiff may amend his 21 22 Complaint as illustrated in the proposed First Amended Complaint attached hereto as Exhibit 1 to 23 add WESLEY EASTRIDGE as a Defendant. 24 /// 25 26 /// 27 28 Page 1 of 2 Dockets.Justia.com Case 2:20-cv-00933-JAD-VCF Document 14 Filed 11/30/20 Page 2 of 9 DATED this 24th day of November 2020 DATED this 24th day of November 2020 2 RICHARD HARRIS LAW FIRM WOOD, SMITH, HENNING, & BERMAN, LLP 3 /s/ Charles S. Jackson CHARLES S. JACKSON, ESQ. Nevada Bar No. 13158 801 South Fourth Street Las Vegas, Nevada 89101 Attorneys for Plaintiff /s/ Analise N. M. Tilton JANICE MICHAELS, ESQ. Nevada Bar No. 6062 ANALISE N. M. TILTON, ESQ. Nevada Bar No. 13185 2881 Business Park Court, Ste. 200 Las Vegas, NV 89128 Attorneys for Defendants 1 4 5 6 7 8 9 ORDER 10 11 12 13 IT IS SO ORDERED that the caption and Complaint be amended to include WELSEY EASTRIDGE in the place of DOE DRIVER as indicated in the attached Exhibit 1. The Amended Complaint must be filed on or before December 8, 2020. DATED this 30th day of November 2020. 14 __________________________________ United States Magistrate Judge 15 16 Respectfully Submitted by: 17 RICHARD HARRIS LAW FIRM 18 /s/ Charles S. Jackson CHARLES S. JACKSON, ESQ. Nevada Bar No. 13158 801 South Fourth Street Las Vegas, Nevada 89101 Attorneys for Plaintiff 19 20 21 22 23 24 25 26 27 28 Page 2 of 2 Case 2:20-cv-00933-JAD-VCF Document 14 Filed 11/30/20 Page 3 of 9 From: Analise N. M. Tilton <atilton@wshblaw.com> Sent: Tuesday, November 24, 2020 12:42 PM To: Charlie Jackson <Charlie@richardharrislaw.com> Cc: Michelle N. Ledesma <MLedesma@wshblaw.com>; Amy Chandler <achandler@richardharrislaw.com>; Jacquelyn Witt <JWitt@wshblaw.com> Subject: RE: SAO to Amend; Delisle vs. Raiser, LLC. CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Great, thanks Charles! Please use my e-signature with those changes. Thanks again and have happy and safe Thanksgiving! An a lise N . M . Tilt on _ _ _ _ _ _ _ _ __ _ _ _ _ _ __ _ _ _ _ _ __ _ _ _ _ __ _ _ _ _ _ __ _ _ _ _ _ __ _ _ _ _ __ _ _ _ _ _ __ _ _ _ _ _ __ _ _ _ _ __ _ _ _ _ _ __ _ _ _ _ _ __ _ __ _ _ _ _ _ _ _ __ _ _ _ _ _ __ _ _ _ _ _ __ _ _ _ _ __ _ _ _ _ _ __ _ _ _ _ _ __ _ _ _ _ __ _ _ _ _ _ __ _ _ _ _ _ Senior Counsel | Wood, Sm it h, Henning & Berm an LLP 2881 Business Park Court , Suit e 200 | Las Vegas, NV 89128- 9020 at ilt on@wshblaw.com | T (702) 251- 4115 | M ( 702) 249- 7399 CALI FORN I A • N EW YORK • FLORI DA • W ASHI N GTON • ARI ZON A • COLORAD O • OREGON • N EW JERSEY • M ASSACH USETTS • CON N ECTI CUT • PEN N SYLVAN I A • GEORGI A • I LLI N OI S • N ORTH CAROLI N A • SOUTH CAROLI N A • N EVAD A • TEXAS From: Charlie Jackson <Charlie@richardharrislaw.com> Sent: Tuesday, November 24, 2020 12:25 PM To: Analise N. M. Tilton <atilton@wshblaw.com> Cc: Michelle N. Ledesma <MLedesma@wshblaw.com>; Amy Chandler <achandler@richardharrislaw.com> Subject: [EXTERNAL] RE: SAO to Amend; Delisle vs. Raiser, LLC. Updated- May I used your electronic signature and send to the court? Charles Jackson Attorney 801 South 4th Street | Las Vegas, NV 89101 tel (702) 444-4444 | fax (702) 444-4455 Confidentiality Notice: This message and any attachments are for the named person's use only. The message and any attachment may contain confidential, proprietary, or privileged information. No confidentiality or privilege is waived or lost by any mistransmission. If you receive this message in error, please immediately notify the sender, delete all copies of it from your system, and destroy any hard copies of it. Please do not, directly or indirectly, use, disclose, distribute, print, or copy any part of this message if you are not the intended recipient. Further, this message shall not be considered, nor shall it constitute an electronic transaction, non-paper transaction, and/or electronic signature under any and all electronic acts including the Uniform Electronic Transfer Act and/or the Electronic Signatures in Global and National Commerce Act. Case 2:20-cv-00933-JAD-VCF Document 14 Filed 11/30/20 Page 4 of 9 EXHIBIT 1 Case 2:20-cv-00933-JAD-VCF Document 14 Filed 11/30/20 Page 5 of 9 1 2 3 4 5 6 7 8 ACOM RICHARD A HARRIS, ESQ. Nevada Bar No.: 505 CHARLES S. JACKSON, ESQ. Nevada Bar No. 13158 RICHARD HARRIS LAW FIRM 801 South Fourth Street Las Vegas, Nevada 89101 Phone: (702) 444-4444 Fax: (702) 444-4455 E-Mail: Charlie@RichardHarrisLaw.com Attorneys for Plaintiff 9 UNITED STATES DISTRICT COURT 10 DISTRICT OF NEVADA 11 ADELLA DELISLE, individually. CASE NO.: 12 Plaintiff, 13 14 vs. 15 RASIER, LLC., a foreign limited-liability company; WESLEY EASTRIDGE, an individual; DOES 1 through 100; and ROE CORPORATIONS 101 through 200; 16 17 FIRST AMENDED COMPLAINT Defendants. 18 19 20 2:20-cv-00933-JAD-VCF Plaintiff, ADELLA DELISLE through her counsel, Charles S. Jackson, Esq., of THE RICHARD HARRIS LAW FIRM complains against Defendants as follows: 21 GENERAL ALLEGATIONS 22 23 1. County, Nevada at all material times herein. 24 25 2. 28 Defendant WESLEY EASTRIDGE is and was an individual who is a resident of Clark County, Nevada at all times material herein. 26 27 Plaintiff ADELLA DELISLE (hereinafter “Plaintiff”) is and was a resident of Clark 3. Defendant RASIER, LLC. (hereinafter “Defendant UBER”) is and was a foreign business entity licensed to conduct business in Clark County, Nevada. Page 1 of 5 Case 2:20-cv-00933-JAD-VCF Document 14 Filed 11/30/20 Page 6 of 9 1 4. The true names and capacities, whether individual, corporate, associate or otherwise of 2 Defendants DOES and ROE CORPORATIONS 1-200, inclusive, are unknown to 3 Plaintiffs who therefore sue said Defendants by such fictitious names; on information 4 and belief, Plaintiffs allege that the Defendants, and each of them, designated herein as a 5 DOE or ROE CORPORATION were responsible in some manner for the injuries 6 sustained by the Plaintiffs resulting from the Accident and is liable for all damages due 7 to Plaintiffs as alleged herein. Additional DOE OWNERS OF VEHICLE are not known 8 at this time. Plaintiffs will ask leave of court to amend this Complaint to insert the true 9 names and capacities when the same is ascertained and to join such Defendants in this 10 action. 11 12 5. knowledge, permission and consent and under the direct supervision and control of all 13 other Defendants, as the case may be. 14 15 At all times herein, Defendant was driving, operating and using said vehicle with the 6. At all times herein, all of the Defendants were agents, servants, and employees of each 16 and every other Defendant(s) and were acting within the course and scope of said 17 employment and/or agency, as the case may be. FACTUAL BACKGROUND 18 19 7. 20 On or about November 1, 2018, Plaintiff attempted to use the UberASSIST (hereinafter Uber Assist) function on the Uber application. 21 8. Plaintiff uses a walker to walk. 22 9. Uber Assist provides additional assistance to seniors and people with disabilities. 23 10. Uber Assist drivers are specially trained to assist riders into vehicles. 24 11. Defendant WESLEY EASTRIDGE was called using the Uber Assist function. 12. Defendant WESLEY EASTRIDGE arrived at Plaintiff’s location. 13. Upon seeing Plaintiff, WESLEY EASTRIDGE declined to assist Plaintiff into the 25 26 27 vehicle. 28 Page 2 of 5 Case 2:20-cv-00933-JAD-VCF Document 14 Filed 11/30/20 Page 7 of 9 1 2 14. Plaintiff attempted to enter the vehicle herself. 3 15. While entering the vehicle, Plaintiff fell. 4 16. As a result of that fall, Plaintiff fractured her left ankle. 17. Plaintiffs suffered serious bodily injuries and property damage as a result of the motor 5 6 vehicle collision. 7 18. Plaintiffs suffered personal injury and property damage in excess of $15,000. 8 CLAIMS FOR RELIEF 9 FIRST CAUSE OF ACTION (NEGLIGENCE) 10 11 19. Plaintiff hereby incorporates all of the foregoing paragraphs as if fully set forth herein. 12 20. Defendant WESLEY EASTRIDGE was negligent in that he, without limitation, failed to 13 meet his duty of using due care in the assistance of Plaintiff, thus breaching his duty, 14 including, but not limited to: 15 a. Failing to provide assistance to Plaintiff into his vehicle; 16 b. Improperly assisting Plaintiff into his vehicle; 17 c. Failing to supervise Plaintiff’s entrance into the vehicle; and, 18 d. Refusing to provide assistance to Plaintiff’s entry into the vehicle 19 21. As a direct and proximate result of Defendant’s breach of duty of due care and 20 carelessness and/or reckless conduct set forth, Plaintiff has suffered property damage and 21 bodily injury and has been rendered sick and lame in an amount in excess of $15,000. 22 22. 23 been forced to miss time from work, which has resulted in a loss in an amount 24 uncertain at this time. 25 23. 26 Plaintiff is entitled to all attorney’s fees and costs of suit herein by virtue of having to prosecute the within action. 27 28 Plaintiff was able-bodied and, as a result of Defendant’s negligence herein, Plaintiff has /// Page 3 of 5 Case 2:20-cv-00933-JAD-VCF Document 14 Filed 11/30/20 Page 8 of 9 1 SECOND CAUSE OF ACTION (NEGLIGENT HIRING, TRAINING, AND SUPERVISION) 2 3 24. Plaintiff repeats and realleges the foregoing allegations as if fully set forth herein. 4 25. At all times mentioned herein, Defendant UBER had a duty to hire competent persons, 5 properly train them for tasks they would perform, and supervise them in the performance 6 of those tasks, specifically driving and assisting passengers, like Plaintiff. 7 26. 8 9 Defendant UBER breached its duty to properly train, supervise, retain and/or supervise its employees. 27. As a direct and proximate result of the aforementioned, Plaintiffs sustained injuries to 10 their neck, back, bodily limbs, organs, and systems all or some of which conditions may 11 be permanent and disabling in nature, all to their general damage in a sum in excess of 12 $15,000. 13 THIRD CAUSE OF ACTION (RESPONDEAT SUPERIOR) 14 15 16 28. Plaintiff hereby incorporates all of the foregoing paragraphs as if fully set forth herein. 29. At all times mentioned herein, Defendant WESLEY EASTRIDGE was an employee 17 18 and/or an agent of Defendant UBER. 30. 19 employment or agency subordinate to Defendant UBER when the subject collision 20 21 22 Defendant was under Defendant UBER’s control and acting in the scope of his 31. occurred. Plaintiff was injured as a proximate consequence of Defendant WESLEY EASTRIDGE negligence while acting in the course and scope of such employment and/or agency. 23 24 PRAYER FOR RELIEF 25 WHEREFORE, Plaintiff, reserving the right individually or through counsel, to amend this 26 Complaint prior to, or at the time of trial of this action to insert those items of damage not yet fully 27 ascertainable, prays for judgment against said Defendants, and each of them, as follows: 28 Page 4 of 5 Case 2:20-cv-00933-JAD-VCF Document 14 Filed 11/30/20 Page 9 of 9 1 1. 2 For General and Special Damages in a sum in excess of $15,000.00 subject to proof at trial; 3 2. For Attorneys’ Fees and Costs, as well as prejudgment interest; 4 3. For such other and further relief as the Court may deem just and equitable. 5 6 DATED this ____ day of November 2020. 7 8 RICHARD HARRIS LAW FIRM 9 10 11 12 13 CHARLES S. JACKSON, ESQ. Nevada Bar No.: 13158 801 South Fourth Street Las Vegas, Nevada 89101 (702) 444-4444 Attorneys for Plaintiff 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Page 5 of 5
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