Vanessa Racine v. Phw Las Vegas, LLC

MEMORANDUM

In this diversity action, Vanessa Racine sued PHW Las Vegas, LLC and PHW Manager, LLC (collectively, “Planet Hollywood”) for failing to prevent her from being assaulted at the Las Vegas Planet Hollywood hotel. The district court granted summary judgment for Planet Hollywood, and we affirm.

1. To establish negligence under Nevada law, Racine was required to offer evidence that “[p]rior incidents of similar wrongful acts occurred on the premises” or that Planet Hollywood “failed to exercise due care.” Nev. Rev.. Stat. § 651.015(3). The prior incidents she identified, however, either did not occur in the hotel towers of the Planet Hollywood property or involved different levels of violence, and thus were not sufficiently “similar” wrongful acts. See Estate of Smith ex rel. Smith v. Mahoney’s Silver Nugget, Inc., 127 Nev. 855 , 265 P.3d 688, 692-93 (2011). Moreover, Planet Hollywood’s failure to locate and apprehend the assailant within fifteen minutes of learning of a previous assault on Planet Hollywood property was not a failure to exercise due care. See id. at 691-92 (defining due care as “minimum precautions”).

2. Nor did Racine present evidence that Planet…