Wagon Wheel Saloon & Gambling Hall, Inc. v. Mavrogan, 78 Nev. 126

Summary

An invited guest sued a Nevada saloon and gambling hall for injuries sustained when he fell on debris while descending a stairway. The Supreme Court of Nevada held that evidence supported the jury's findings regarding proximate cause and contributory negligence, and that evidence of debris created by an employee could support imputed notice to the premises owner. The court also held that an objection to testimony about a security guard's statement was untimely because the same evidence had previously been admitted without objection, and it affirmed the judgment.

Holdings

1. The evidence was sufficient for the jury to find that Mavrogan slipped on nails or pieces of wood on the stairway and that the debris caused his fall.
2. Mavrogan's contributory negligence was not established as a matter of law; the issue was properly left to the jury.
3. An invitee need not prove the owner's actual or constructive notice of an unsafe condition when the condition was created by the owner or by an employee acting within the scope of employment; the employee's knowledge is imputed to the owner.
4. The evidentiary challenge did not warrant relief because the same evidence had previously been admitted without objection, making the later objection untimely.

Questions Presented

1. Whether the evidence sufficiently established the proximate cause of Mavrogan's fall.
2. Whether Mavrogan was contributorily negligent as a matter of law.
3. Whether Mavrogan was required to prove that Wagon Wheel had actual or constructive notice of the debris on the stairway.
4. Whether the trial court erred in admitting testimony about statements made by Wagon Wheel's security guard when the objection was untimely.

Disposition

affirmed