A security guard soon appeared in the keno lounge area, and Hale waved him over. Hale reported his discovery to the keno window. The wallet appeared to be a woman's wallet. He found no identification, but did discover several hundred dollars in United States and Canadian currency, a shopping list and a monogram on the wallet itself. Hale inquired of his companions, but none of them owned the wallet. Hale saw the wallet on the floor next to his foot, and a man standing beside him reached down and handed it to him. Someone nearby noticed a wallet next to Hale's chair, and pointed it out. On the evening of May 23, 1977, Hale and three members of his regional group played keno at the Holiday Casino, owned by respondent Riverboat. The following narrative is drawn from the testimony in support of the jury's verdict. He holds a doctoral degree, and had been a professor at Portland State University for more than twenty-one years, where he was administrator of the teacher education program. Hale came with a group from Portland, Oregon. On May 23, 1977, Hale was in Las Vegas attending a Far West Regional Conference sponsored by the National Teacher Corporation.

We agree and reverse, reinstating the jury verdict.

Hale appeals this order arguing that there was no juror misconduct and that the damages were not excessive. Before Hale could accept the remittitur, the district court sua sponte ordered an unconditional new trial. The district court initially ordered a new trial unless Hale accepted a reduction in the amount of damages. Riverboat moved for a new trial, alleging juror misconduct and excessive punitive damages.

The jury favored him with its verdict following a four-day trial. Hale (Hale), brought suit to recover damages caused by respondent Riverboat Casino, Inc. This is an appeal from an order granting a new trial. Catalano, Las Vegas, for appellant.Ĭromer, Barker, Michaelson, Gillock & Rawlings, Gerald I. *191 Galatz, Earl & Catalano, and Stephen A. RIVERBOAT CASINO, INC., d/b/a Holiday Casino, Respondent.

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