A pair of Las Vegas attorneys settled a federal legal malpractice lawsuit against a former Pure nightclub cocktail waitress, who claimed she was attacked by the son of a Caesars Entertainment Corp. executive and former Las Vegas mayor.
The confidential settlement between the woman and the attorneys was reached Tuesday, just days before the case was set for a jury trial, according to court records.
The woman had hired the law partners to represent her in a personal injury case against a man who attacked her on Jan. 4, 2009 at Caesars Palace, where she worked as a cocktail server. The suit also named Pure and Caesars Entertainment as defendants.
The 2014 lawsuit identifies resulted in the woman suing her attorneys on claims of legal malpractice, breach of fiduciary duty and deceptive trade practices. According to the suit, one of the attorneys had conflicts of interest when his firm was hired to represent the woman in the personal injury case.
The attorney was also representing a Pure executive in a tax evasion case at the time, according to the malpractice suit.
According to the malpractice suit, the defendants’ errors forced the woman to settle for $225,000, which was less than 5 percent of McKenna’s actual damages.
Another law firm helped the woman settle her personal injury case. She had hired the firm to replace her original attorney’s firm on the case after more than four years.
Pure Management Group fired the woman in 2012 “due to physical and cognitive disabilities resulting from her attack,” according to the lawsuit.
At the nightclub early one morning in January 2009, the man who attacked her asked the woman to sit on his lap, and when she “refused his advances and turned to leave, the man pulled her into his lap,” the lawsuit said. After he “lunged at her, placed his hands around her throat, and began choking and shaking her,” the lawsuit alleged, the woman “blacked out and fell.”
Your workplace should be a safe place where you can perform your job duties worry free. A workplace should never be a hostile environment where acts of violence are carried out by other co-workers, managers and owners, or persons from the outside. However, the sad truth is that workplace environments can be dangerous and acts of violence including assault and battery, sexual assaults, and gun shootings do happen. When these acts occur, workplace injuries and fatalities can easily happen.
Workplace violence may include:
- Sexual Harassment
- Intimidation and Bullying
- Intentional Emotional Pain or Psychological Trauma
- Sexual Assault
- Sexual Battery
- Assault and Battery, including unwanted grabbing, pulling of hair, hitting, and punching
Many times, the above types of acts go unreported because employees are worried about losing their jobs. You should not have to endure working in an unsafe environment, and our Florida Employment Lawyers at Whittel & Melton can help you if you have found yourself in these types of situations.
There are certain industries that are more susceptible to suffering from workplace violence. Some industries where workers may be victims of workplace violence may include:
- Bar and Nightclub Workers
- Liquor store and convenient store employees working late night shifts
- Health care workers in hospitals
- Social workers
- Prison Guards and Security Guards Workers
- Maids and nannies
- State and Federal Government employees
- Firemen and Police officers
- School Teachers, coaches, and administrative staff
Our Employment Attorneys at Whittel & Melton are here to help protect victims of workplace violence. If you have been a victim of a violent act in the workplace you may be entitled to recovery for medical bills, rehabilitation costs, future medical bills and prescriptions, loss of income, pain and suffering, emotional distress, and mental anguish.
As with any type of workplace issue, such as sexual harassment or discrimination, if an employer became aware of a situation of a hostile work environment, but failed to further investigate, intervene, or otherwise address the issue, they may also be held responsible for the actions of an employee. Employers have certain duties to keep their employees safe, and when you are subjected to violence at work, you have the right to pursue legal action for justice.
We know that experiencing an act of workplace violence can be traumatic, and there is no amount of money that will change what has happened. However, if you have had to miss work or leave your job because of your injuries, financial compensation through a settlement or verdict can help to ease the financial burden that has been placed on you.