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Century Surety Co. v. Casino West, Inc.

United States District Court, D. Nevada

March 27, 2015

CENTURY SURETY COMPANY, Plaintiff,
v.
CASINO WEST, INC. et al., Defendants

For Century Surety Company, Plaintiff: H. Douglas Galt, LEAD ATTORNEY, PRO HAC VICE, Woolls & Peer, APC, Los Angeles, CA; James W. Bradshaw, LEAD ATTORNEY, McDonald Carano Wilson, Reno, NV; Sean B Dean, LEAD ATTORNEY, Sean B Dean, Woolls & Peer, Los Angeles, CA; Debbie Leonard, McDonald Carano Wilson LLP, Reno, NV.

For Nobuko Kitamura, Individually and as Guardian Ad Litem of Christian Vega Robles; (Added by Member Case 3:08-cv-306-LRH-RAM), Matthew Sharp, as Administrator for the Estate of Donna N. Vega-Robles. (Added by Member Case 3:08-cv-306-LRH-RAM), Plaintiffs: William C. Jeanney, LEAD ATTORNEY, Bradley Drendel & Jeanney, Reno, NV.

For CASINO WEST, INC., Defendant: Gregory J. Livingston, LEAD ATTORNEY, Burton Bartlett & Glogovac, Reno, NV; Scott A Glogovac, LEAD ATTORNEY, Glogovac & Pintar, Reno, NV; David S McElroy, Burton, Bartlett & Glogovac, Reno, NV; H. Douglas Galt, PRO HAC VICE, Woolls & Peer, APC, Los Angeles, CA; Michael A. Pintar, Burton, Bartlett & Glogovac, Reno, NV.

For MARIA OFELIA CHAVEZ, RAFAEL CHAVEZ DUENAS, DIANA OFELIA CHAVEZ, Defendants: William C. Jeanney, LEAD ATTORNEY, Bradley Drendel & Jeanney, Reno, NV.

For Century Surety Company, Intervenor Defendant: H. Douglas Galt, PRO HAC VICE, Woolls & Peer, APC, Los Angeles, CA.

For Casino West, Inc., Intervenor Defendant: Scott A Glogovac, Glogovac & Pintar, Reno, NV.

For Admiral Insurance Company, Intervenor: Janice H. Jensen, Laxalt & Nomura Ltd, Reno, NV.

For CASINO WEST, INC., Counter Claimant: Gregory J. Livingston, LEAD ATTORNEY, Burton Bartlett & Glogovac, Reno, NV; Scott A Glogovac, LEAD ATTORNEY, Glogovac & Pintar, Reno, NV; David S McElroy, Michael A. Pintar, Burton, Bartlett & Glogovac, Reno, NV; H. Douglas Galt, PRO HAC VICE, Woolls & Peer, APC, Los Angeles, CA.

For Century Surety Company, Counter Defendant: James W. Bradshaw, LEAD ATTORNEY, McDonald Carano Wilson, Reno, NV; Debbie Leonard, McDonald Carano Wilson LLP, Reno, NV; Sean B Dean, Woolls & Peer, Los Angeles, CA.

Page 1263

ORDER

ROBERT C. JONES, United States District Judge.

This case arises from a tragic accident that occurred on April 16, 2006 in which four Casino West guests were found deceased in their motel room due to carbon monoxide poisoning. Pending before the Court are Century Surety Company's (" Century" ) Motion for Summary Judgment (ECF No. 112) and Intervenor Admiral Insurance Company's (" Admiral" ) Motion for Summary Judgment (ECF No. 113). For the reasons contained herein, Century's Motion is GRANTED and Admiral's Motion is DENIED.

I. FACTS AND PROCEDURAL HISTORY

On April 16, 2006, Juan Pablo Chavez, Veronica Chavez, Donna N. Vega-Robles, and Phillip Doll (collectively " the victims" ) were found dead in their Casino West motel room in Yerington, Nevada (" the Accident" ). An autopsy of the victims revealed that they each had suffered acute carbon monoxide poisoning. (Autopsy Reports, ECF No. 112-1, Ex. 1). Further investigation at the Casino West Motel showed that " a series of problems had led to the CO exposure." (Nev. Dep't of Safety Report, ECF No. 113-5, at AIC 0099). The heater used to warm the Motel pool was not burning properly, a roof vent was not the proper height and the cap on the vent had been removed, the vents in the door to the pool equipment room had been covered with cardboard and sealed with duct tape, and the control panel had been altered such that there was no reasonable way to shut ...


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