Atkinson v. MGM Grand Hotel, Inc.

OPINION

On appeal from the district court’s final judgment, Cherie Atkinson challenges the district court’s denial of her proffered jury instruction based on a Nevada statute that governs the erection of fences around holes, excavations and shafts. We hold that the district court incorrectly denied Atkinson’s jury instruction and that the jury instruction should have been given. We reverse the district court’s judgment and remand the case for a new trial.

FACTS

On New Year’s Eve 1997, Cherie Atkinson fell approximately twenty feet into an excavation on the premises of an MGM construction site in…