Monday, May 3, 2010 | 1:39 p.m.
CARSON CITY – The Nevada Supreme Court has upheld an $8.2 million judgment against a Las Vegas slot machine company in connection with the traffic death of a woman in March 2001.
The court rejected claims by ETT, Inc., that there was insufficient evidence to justify punitive damages and that punitive damages were excessive.
Two temporary employees at ETT – Darwin R. Ellison and Russell Foster – had been drinking alcohol before they arrived at work. Their supervisor at ETT was on vacation so the two got in a company truck and drove around Las Vegas for several hours while drinking.
Ellison was at the wheel of the vehicle that struck and killed Rosa Delegado. His blood alcohol level at the time was three times over the legal limit.
Delegado’s husband, Juan, filed a wrongful death suit. A jury decided ETT was liable for negligence and for negligent supervision. It found ETT 75 percent at fault and Ellison 25 percent at fault.
It awarded Juan Delegado $4.1 million in compensatory damages and $10 million in punitive damages. District Judge Elizabeth Goff Gonzales reduced the punitive damages to $4.1 million.
The court rejected arguments by ETT that it was entitled to a new trial. And it denied the motion by Delegado that the punitive damage of $10 million by the jury should be reinstated.
Ellison is in state prison serving a term of between five years and 20 years.
Justices Nancy Saita and Mark Gibbons signed the majority opinion. Justice Michael Cherry said the negligence damage award should have been tossed out.
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