Friday, Dec. 31, 2010 | 10:20 a.m.
CARSON CITY – The Nevada Supreme Court has reinstated a civil suit against the Riverside Resort & Casino in Laughlin and six of its security guards accused of roughing up a former house cleaner.
The unanimous decision allows Juana P. Fanders to pursue her suit in which she claims she was the victim of assault and wrongful imprisonment and entitled to punitive damages.
The ruling, written by Chief Justice Michael Douglas, overturns the decision by Clark County District Judge Valerie Adair, who held that Fanders was entitled to worker's compensation coverage in the disputed confrontation.
Fanders, who cleaned rooms, became angry and quit when she was accused by a co-worker of using foul language. As she went through the termination procedures, she was told she would be barred from the property.
Fanders was taken to the security office to be photographed, but she objected. She climbed under a table to prevent her picture from being taken. Fanders says she was grabbed by her hair and pulled out from under the table.
She was then handcuffed and placed in a holding cell until police arrived and wrote a misdemeanor citation for battery against one of the security officers.
The casino maintains that Fanders was covered by the Nevada Industrial Insurance Act for any injuries on the job.
Douglas wrote “there are genuine issues of material fact as to whether Fanders' injuries arose out of and in the course of her employment, and thus, whether they are covered by worker's compensation.”
Fanders says she had already quit and was not covered by the industrial insurance when injured. The casino says the worker's compensation coverage continues for a reasonable time after the worker is fired or quits.