FGA, INC. v. GIGLIO

No. 54187.

278 P.3d 490 (2012)

FGA, INC., d/b/A Instant Replay Sports Pub & Grill and Carmine's Little Italy; Melino, Ltd., d/b/a Carmine's Little Italy; Carmine & Ann M. Vento Revocable Trust, Carmine Vento and Ann Vento, Trustees; and Carmine Vento, Individually and d/b/a Carmine & Ann M. Vento Revocable Family Trust, Appellants, v. Debbie GIGLIO, Respondent.

Supreme Court of Nevada.

June 14, 2012.


Attorney(s) appearing for the Case

Lewis and Roca LLP and Joel D. Henriod and Daniel F. Polsenberg , Las Vegas; Watson Rounds, P.C., and Kelly G. Watson , Las Vegas, for Appellants.

Mainor Eglet and David T. Wall , Robert T. Eglet , and Robert M. Adams , Las Vegas, for Respondent.

BEFORE DOUGLAS, HARDESTY and PARRAGUIRRE, JJ.


OPINION

By the Court, DOUGLAS, J.:

In this appeal, we consider whether the "mode of operation" approach to premises liability, under which the plaintiff does not have to prove the defendant's knowledge of a particular hazardous condition if the plaintiff can prove that the nature of the defendant's business tends to create a substantial risk of the type of harm the plaintiff suffered, extends beyond the self-service context. Because the mode of operation...

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