Duk

Fernando Duk (“Duk”) appeals the judgment arising from a defense verdict in favor of MGM Grand Hotel, Inc. (“MGM”) in Duk’s personal injury action in which there were two trials and three verdicts. MGM cross-appeals the district court’s decision to resubmit the first verdict to the jury for clarification. Because we find that the court was within its discretion in resubmitting the first verdict, but erred in ordering a new trial upon receipt of the second verdict, we reverse and remand with instructions to enter judgment in Duk’s favor consistent with the first jury’s second verdict.

FACTUAL AND PROCEDURAL BACKGROUND

The dispute in this case arises out of Duk’s night of drinking and gambling at the MGM Grand Hotel in Las Vegas. Duk and his wife were staying at the hotel as a stopover on their way home from a promotional trip for their lighting business. Duk is an alcoholic, and he was drinking heavily while gambling at MGM’s casino with his wife. After being provided a free meal at one of MGM’s restaurants, a quite drunk Duk became disruptive. Duk’s wife eventually left the restaurant, but he remained behind and continued his disruptive behavior, banging on the wooden…