CIVIL COVER SHEET Clark County, Nevada 1. Party Information Plaintif{s) (name/adress/phone): STEPHEN PADDOCK, RESORTS, INC. Attomey (name/addressphone): A- 12-668412-C XXVI Defendants) (name/address/phone): COSMOPOLITAN HOTELS & RICHARDS & ASSOCIATES, LLC, 1489 W. Warm Springs | Atorey (nameadaress/phon} Road, Ste. 110, Henderson, NV 89014 702-518-5180 IL. Nature of Controversy (Please check applicable bold category and applicable subcategory, if appropriate) Civil Cases Real Property Ci Arbitration Requested Torts Negligence Negligence — Auto Ci Negligence ~ Medical/Dental ‘DLandtoravTenant D7 Unlawful Detainer D1 Title to Property 1 Foreclosure Bi Negligence ~ Premises Liability Liens (SipFal) Quiet Tite (Negligence — Other D1 Specific Performance Ci Condemnation/Eminent Domain other Real Property O Partition C1 Planning/Zoning Coradecttiabitty 1 Product Lisiiyotor Veni 1 Othe TortProduct ible C1 Intentional Misconduct O Torts/Defamation (Libel/Slander) Ly Interfere with Contract Rights C1 Employment Torts (Wrongful termination) Other Torts Ey ania [Dy FraMisepesenttion i inmrance Cy Lega Tor Unfair Competition Other Civil Filing Types Probate stated Este Value Ti Construction Defect pier Summary Administration Bi Shaptr40 (General Administration C1 Breach of Contract " Bilcing de Consoton special Administration Pallas Ona Ciset Asie estates Commer strane Other Contracts/AcctJudgment ag q q TrustConservatoes a _ ) Coesion of Actions g g q oa 1 tnavidual Trustee i comerste Trustee Clother Probate ‘Employment Contract Guarantee Sale Contract Uniform Commercial Code Ci Civil Petition for Judicial Review G Foreclosure Mediation Oy other Administrative Law (] Department of Motor Vehicles Fy Worker’s Compensation Appeal C1 Appeal from Lower Court flea check applicable cin case bas) (Ly Transfer from Justice Court D7 Justice Court Civil Appeal Chewvitwrit C1 Other Special Proceeding C. Otter Civit Fiting (Compromise of Minor’s Claim [5 Conversion of Property Ey Damage to Property Employment Security Enforcement of Judgment Foreign Judgment ~ Civil 1 other Personal Property D Recovery of Property Stockholder Suit 0 Other Civil Matters: III. Business Court Requested (ease check applicable category for Clare Washoe Counties onl) CI NRS Chapters 78-88 Fy Commodities (NRS 90) G7 Investments (NRS 104 Art. 8) 5 Deceptive Trade Practices (NRS 598) Enhanced Case Memt/Business C7 Other Business Court Matters i Securities (NRS 90) Cy Trademarks (NRS 6004) ‘September 17, 2012 ] a 7 Date ‘See other side fr famiy-rlated ease fing ating party or representativeeo) 5 Richards & Associates Electronically Filed 09/17/2012 09:01:36 AM COMP : Jared R. Richards, Esq. hen Nevada Bar No. 11254 bin b RICHARDS & ASSOCIATES, LLC CLERK OF THE COURT 1489 W. Warm Springs Rd., Ste. 110, Henderson, NV 89014 Telephone (702) 518-5180 Facsimile (702) 508-9393 Email jared@jazedrichardslaw.com Attomeys for Plaintiff DISTRICT COURT CLARK COUNTY, NEVADA Stephen Paddock, an individual | caseno, A- 12-668412-C ve Plaintiff, DEPT. NO. XXVI COMPLAINT Cosmopolitan Hotels & Resorts Inc., a i ‘Nevada corporation, DOES I-X, and ROES | LX Defendants. | THE PARTIES, JURISDICTION, AND VENUE 1, Plaintiff STEPHEN PADDOCK is an individual. 2. Defendant COSMOPOLITAN HOTELS & RESORTS INC. is a corporation! domiciled in Nevada and doing business in Nevada. 3. This Court has jurisdiction over the parties and venue is proper because Defendant| is a resident of Nevada and the injury at issue in this case occurred on real property owned by Defendant in Clark County, Nevada. 4, The true names and capacities of Defendants named as DOES I through X and| ROES I-X are unknown to Plaintiff at this time; therefore, Plaintiff sues these Defendants by fictitious names. Plaintiff will advise this Court and seek leave to amend this Complaint when the name and capacity of each DOE Defendant has been ascertained. Plaintiff alleges that each|wn 5 6 7 8 9 Richards & Associates Defendant named under such a fictitious name is responsible in some manner for the events and happenings alleged GENERAL ALLEGATIONS 5. Defendant is the owner of real property located in Clark County, Nevada| commonly known as the Cosmopolitan, 3708 Las Vegas Boulevard South, Las Vegas, Nevada 89109 (the “Property”), 6 Onor around October 30, 2011, Plaintiff was on Defendant's commercial Property as an invited guest and customer. 7. While on the Property, Plaintiff slipped and fell on an obstruction on the floor in| an area intended for foot traffic. The obstruction is herein referred to as the “dangerous condition”, 8. Defendant knew or should have known about the dangerous condition, but did not| take the appropriate steps to remedy the dangerous condition. 9. AS a proximate result of Plaintiff's slip and fall on the dangerous condition, Plaintiff sustained substantial injuries. FIRST CAUSE OF ACTIO} NEGLIGENCE 10. Plaintiff incorporates the allegations in the preceding and ensuing paragraphs o this Complaint as if fully set forth herein, 11. Defendant had a duty to properly maintain, inspect and care for the area of the dangerous condition. 12, Atal relevant times, Defendant failed to fulfill that duty. 13, At all relevant times, Defendant was aware or should have been aware of the dangerous condition. 14, At all relevant times, Defendant failed to wam Plaintiff of the dangerous condition.Dog Om & 10 u Richards & Associates 18 19 20 ai 2 23 24 25 26 27 28 15. Plaintiff had no actual or constructive knowledge of the dangerous nature of the dangerous condition. 16. The dangerous condition created a risk foreseeable to Defendant as to anyone| Defendant or it lesees, agents or assigns invited onto the Property. 17. It was reckless of Defendant to allow the dangerous condition to exist. 18. Asa direct and proximate result of Defendant’s negligence, Plaintiff slipped and fell on the dangerous condition and sustained personal injuries. 19. As a direct and proximate result of Defendant's negligence, carelessness and| recklessness, Plaintiff was injured in his health, strength and activity, sustaining shock and injury to his body, nervous system and person, all of which caused and will continue to cause physical, mental and nervous pain and suffering, 20. As a direct and proximate result of Defendant's negligence, carelessness and recklessness, Plaintiff has incurred medical expenses, loss of income, possible future loss o income and medical expenses, and loss of enjoyment of life, In all, Plaintiff has been damaged in ‘an amount in excess of $10,000.00. 21. Asa result of Defendant's negligence and recklessness, Plaintiff has been required| to retain the law firm of Richards & Associates, LLC to prosecute this action, and Plaintiff is entitled to recover reasonable attomey’s fees and costs. “a “i Ww wy Ww Wt uw ieRichards & Associates Soe uvAunrun u 12 13 14 15 16 7 18 19 20 24 23 24 25 26 a7 28 PRAYER WHEREFORE, Plaintiff prays for Judgment against Defendant as follows: 1, For damages in excess of $10,000 for pecuniary and non-pecuniary damages. 2. Forattomney’s fees and costs. 3. For such other and further rel Dated: September 12, 2012 lief as the Court may deem just and proper. RICHARDS & ASSOCIATES, LLC Wada Bar No. 11254 Springs Rd., Ste. 110, NEVADA 89014 : (702) 518-5180 Attorneys for Plaintiff