Hall v. SSF, Inc.
| Decision Date | 20 December 1996 |
| Docket Number | No. 27067,27067 |
| Citation | 112 Nev. 1384,930 P.2d 94 |
| Parties | , 134 Lab.Cas. P 58,266 Lawrence D. HALL, Appellant, v. SSF, INC., a Nevada Corporation, d/b/a The Limelite, Paul Sonner, John Handka, A. Razak Salaho, Michelle F. Sonner and Martin F. Fogel, Jr., Respondents. |
| Court | Nevada Supreme Court |
Laxalt and Nomura and Katherine J. MacKenzie, Reno, for Respondents SSF, Inc., Paul Sonner, A. Razak Salaho, Michelle F. Sonner, and Martin F. Fogel, Jr.
Appellant Lawrence Hall filed a complaint against respondents alleging several causes of action, including the negligent training, supervision, and retention of employees. Hall sought compensatory and punitive damages, including future medical damages, for injuries sustained when respondent John Handka, a security guard employed by respondent SSF, Inc. (SSF), hit Hall in the jaw. The district judge found for Hall and against respondents Handka and SSF on theories of intentional assault and battery and respondeat superior, awarded Hall damages for past medical bills, but refused to award him damages for future medical expenses. The district judge also refused to hear certain evidence regarding the negligent hiring, training, supervision, and retention claim and ultimately found against Hall on that claim.
We conclude that the district judge erred in refusing to award damages for future medical expenses and also in refusing to consider evidence relevant to Hall's claim for negligent hiring, training, supervision, and retention.
In March 1992, plaintiff/appellant Hall was in Reno to participate in a fire protection training class. He and several other members of the class decided to go to the Limelite, a local night club owned by SSF, a Nevada corporation. At the time, respondents A. Razak Salaho, Michelle F. Sonner, and Martin F. Fogel, Jr. were officers and directors of SSF. Respondent Paul Sonner (Paul) was the Limelite's manager, and Handka was one of the Limelite's doormen (aka bouncers).
Hall and the others in the group were under the mistaken impression that the Limelite would not be collecting a cover charge that evening. When the group arrived at the Limelite, they learned of the cover charge, paid it, and entered the night club. Shortly thereafter, the group determined that there was "no activity whatsoever" inside, and they decided to leave. Hall and the others requested a refund of their cover charge, and Paul, the Limelite's manager, refused.
Paul testified that Hall and seven other members of the group remained in the small vestibule of the Limelite arguing for the return of the group's cover charge. Paul, who was on the phone at the time, asked the group to wait until he finished his call. Someone from the group then reached into the cashier's area, disconnected the phone, and told Paul that "we're talking to you now." Paul then requested that Handka and two other doormen remove the group from the club.
Handka testified that in response to Paul's request, he and the two other doormen began escorting the group from the club. The group engaged in heated words with the bouncers while inside the club and continued to argue with Handka after they were escorted outside of the club. Handka testified that when he perceived someone approaching him in what he thought was a menacing manner, he struck out with his fist, hitting Hall in the right jaw area. Handka further testified that he believed he was in danger and struck out in self-defense. Hall testified that when he turned around to see who had hit him, Handka was jumping up and down, challenging Hall to a fight.
Hall, complaining of pain in his right jaw area and neck, sought treatment from Dr. Bryan Keropian, D.D.S. Dr. Keropian diagnosed Hall with a displaced disk in the right temporomandibular joint (TMJ). Dr. Keropian prescribed an oral orthotic (mouthpiece) for use by Hall. This orthotic, over a period of time, resolved all of Hall's pain symptoms, and Hall began wearing the device only at night.
Dr. Keropian testified that Hall suffered from a "slipped disk" between the upper and lower jaw bones in the TMJ. He also testified that the orthotic device prescribed for Hall was not intended to move a slipped disk back into proper position between the upper and lower jaws; it merely aligned the jaw bones in a position that caused the surrounding muscles and ligaments to relax, thereby eliminating the source of pain. The problem was that during the day, when the orthotic was not being used, the jaw bones rubbed together without the protection of the normally interposed disk. Without the disk in proper position, the jaw bones were only protected by a very thin ligament, which, over time, may be worn away so that the upper and lower jaw bones begin to rub together.
Dr. Keropian testified that orthodontics, including surgery, may be used to correct this situation on a more permanent basis. Dr. Keropian testified, however, that a "high percentage" of patients that go to orthodontics do not have surgery. However, Dr. Keropian testified: "Off the top of my head, I would say that my thoughts were that [Hall's treatment] was not going to include surgery, but I'm not the orthodontist."
Dr. Keropian referred Hall to an orthodontist, Dr. Emmanuel Wasserman. Dr. Wasserman prescribed orthodontics and, ultimately, surgical intervention. Dr. Wasserman testified that the course of treatment prescribed for Hall, including surgery, was absolutely necessary. Dr. Wasserman also testified that orthotics, such as those prescribed by Dr. Keropian, were only "interim measures" and were not a cure.
As part of the treatment plan, Hall had seven teeth extracted and skin grafts taken from the roof of his mouth, both causing substantial pain and discomfort. He was also fitted with braces, which he has worn for two years. Hall testified that he intended to undergo the recommended surgical procedure.
Hall filed his first amended complaint against respondents in November 1992. Hall alleged several causes of action sounding in tort, including intentional battery and negligent hiring, training, supervision, and retention. In March 1994, respondents Salaho, Michelle Sonner, and Fogel, the corporate officers and directors of SSF, moved for summary judgment. The district court awarded judgment in their favor, finding no basis for attributing personal liability. The matter then proceeded to a bench trial on Hall's claims against Handka, Paul, and SSF.
After three days of trial, the district court found in favor of Paul and against Hall on all claims and for Hall and against Handka and SSF on the theories of intentional assault and battery. The district court awarded to Hall $57,782.00 in general and medical damages, but specifically did not award any damages for future medical expenses or damages relating to surgery. The district court also awarded punitive damages against Handka and SSF in the amount of $5,000.00 each, but on motion of SSF, later struck the award of punitive damages against SSF. Hall was awarded costs in the amount of $9,105.39.
Damages for Hall's future medical expenses
Hall contends that the court erred in failing to award damages for future surgery. Respondents contend that the district court properly rejected Hall's claim because Hall failed to establish that future surgery would be necessary to treat Hall's condition.
"Where the trial court, sitting without a jury, makes a determination predicated upon conflicting evidence, that determination will not be disturbed on appeal where supported by substantial evidence." Trident Construction v. West Electric, 105 Nev. 423, 427, 776 P.2d 1239, 1241 (1989). Substantial evidence is that which " 'a reasonable mind might accept as adequate to support a conclusion.' " State Emp. Security v. Hilton Hotels, 102 Nev. 606, 608, 729 P.2d 497, 498 (1986) (quoting Richardson v. Perales, 402 U.S. 389, 91 S.Ct. 1420, 28 L.Ed.2d 842 (1971)). A district court's determinations of fact will not be set aside unless they are "clearly erroneous." Hermann Trust v. Varco-Pruden Buildings, 106 Nev. 564, 566, 796 P.2d 590, 592 (1990).
A successful plaintiff is entitled to compensation for all the natural and probable consequences of a defendant's tortious conduct. Lerner Shops v. Marin, 83 Nev. 75, 423 P.2d 398 (1967). In order to establish that the future medical expenses are a natural and probable consequence of defendant's tortious conduct, the plaintiff must establish that such future medical expenses are reasonably necessary. See Dowe v. Grady, 540 So.2d 1040, 1046 (La.Ct.App.1989) ().
Dr. Keropian, a dentist, testified generally that a high percentage of people suffering from the same injuries as Hall did not need surgery. However, Dr. Keropian stated that while he thought that Hall did not need surgery, he could not make a conclusive determination because he was not an orthodontist with special training in this area. Dr. Wasserman, the orthodontic specialist to whom Dr. Keropian deferred judgment on Hall's case, provided uncontradicted testimony that the course of treatment prescribed for Hall, including braces and surgery, was absolutely necessary and that the orthotic devices prescribed to ease Hall's pain were simply an interim measure, not a cure.
In denying the award for future medical damages, the district judge stated, "I don't believe or accept that there is a probability of surgery in the plaintiff's future." In response to respondents' post-trial motions, the court further stated:
The Court was very attentive during all of the testimony. The Court found, after listening to both Dr. Keropian and Dr. Wasserman, that surgery was not necessary, nor the ordinary course, for...
To continue reading
Request your trial
-
Jane Doe A. v. Green
...propensities. An employer has a duty to use reasonable care in the hiring, supervision, and retention of an employee. Hall v. SSF, Inc., 112 Nev. 1384, 930 P.2d 94 (1996), Burnett v. C.B.A. Security Inc., 107 Nev. 787, 820 P.2d 750, 752 (1991). In the case of negligent hiring, a general dut......
-
Borenstein v. Animal Found.
...supervision, and retention of his or her employees to make sure that the employees are fit for their positions." Hall v. SSF, Inc. , 112 Nev. 1384, 930 P.2d 94, 99 (1996). An "employer should be liable when it places an employee, who it knows or should have known behaves wrongfully, in a po......
-
Alexander v. Underhill, No. 03:05CV00178 LRH RJJ.
...or training of Underhill. As such, Plaintiffs have at least pled the minimal requirements of the tort. See Hall v. SSF, Inc., 112 Nev. 1384, 930 P.2d 94, 99 (1996) (noting that an "employer has a duty to use reasonable care in the training, supervision, and retention of his or her employees......
-
Garity v. APWU Nat'l Afl-Cio
...a general duty to use reasonable care in the retention of employees to ensure that employees are fit for their positions. Hall v. SSF, Inc., 930 P.2d 94, 99 (Nev. 1996). The employer breaches this duty when the employer hires or retains an employee that the employer knew or should have know......