1 1 1 COMP MATTHEW W. HOFFMANN, ESQ. Nevada Bar No. 0001 JOHN F. BEMIS, ESQ. Nevada Bar No. 000 ATKINSON WATKINS & HOFFMANN, LLP W. Twain Ave., Suite 0 Las Vegas, NV 1 Telephone: 0--000 Facsimile: 0--0 Email: mhoffmann@awhlawyers.com Email: jbemis@awhlawyers.com Attorneys for Plaintiff ALLAN SILBERSTANG, as Natural Parent and Guardian of ZANZIBAR CARDOZA, a Minor; v. Plaintiff, MARIA COLOMBA SEITZ, an individual; CHALLENGER SCHOOL SILVERADO; CHALLENGER SCHOOL FOUNDATION; DOES 1 through 0, inclusive; and ROE CORPORATIONS 1 through 0, inclusive, Defendants. DISTRICT COURT CLARK COUNTY, NEVADA CASE NO.: DEPT. NO.: COMPLAINT (Exemption From Arbitration Requested Damages Exceed $0,000) COMES NOW, Plaintiff, ALLAN SILBERSTANG, as natural parent and guardian of ZANZIBAR CARDOZA, a minor (hereinafter Plaintiff ), by and through his counsel of record, MATTHEW W. HOFFMANN, ESQ. and JOHN F. BEMIS, ESQ., of the law firm of ATKINSON WATKINS & HOFFMANN, LLP, and for his Complaint on file herein alleges as follows: PARTIES 1. At all times material herein, Plaintiff, ALLAN SILBERSTANG, is and was a resident of the State of Nevada, County of Clark.......
1 1 1. At all times material herein, Plaintiff, ZANZIBAR CARDOZA, a Minor, is and was a resident of the State of Nevada, County of Clark, while enrolled as a student at Challenger School - Silverado.. At all times material herein, Defendant MARIA COLOMBA SEITZ ( SEITZ ), was and is a resident of Clark County, Nevada, and was a teacher employed at Challenger School - Silverado.. Defendant CHALLENGER SCHOOL SILVERADO, was and is a private elementary school located at East Serene Avenue in Las Vegas, Nevada.. Defendant CHALLENGER SCHOOL FOUNDATION was and is a California nonprofit operating private schools throughout Nevada, California, Utah, Idaho, and Texas, including, but not limited to, CHALLENGER SCHOOL SILVERADO.. The true names and capacities, whether individual, corporate, limited liability company; partnership; or otherwise of Defendants DOES 1 through 0, inclusive, are unknown to Plaintiff who therefore sues said Defendants by such fictitious names. On information and belief, Plaintiff alleges that the Defendants, and each of them, designated herein as a DOES were responsible in some manner for the injuries sustained by the Plaintiff during and/or after his enrollment as a student at CHALLENGER SCHOOL SILVERADO and/or CHALLENGER SCHOOL FOUNDATION and/or otherwise participated in SEITZ s assault, abuse, and/or breach of duties owed to the Plaintiff, and/or otherwise failed to take or order appropriate action to avoid harm to the Plaintiff; and further that certain, without limitation, employees employed and/or engaged by said Defendants; or other patrons of said business; knew of or should have known of or caused a dangerous condition and are therefore liable for all damages due to the Plaintiff as alleged herein. Plaintiff will ask leave of court to amend this Complaint to insert the true names and capacities when the same is ascertained and to join such Defendants in this action.. ROE CORPORATIONS 1 through 0 are the unknown legal names for the subject CHALLENGER SCHOOL SILVERADO and.or CHALLENGER SCHOOL FOUNDATION, their parent company(ies), subsidiary(ies), alter ego(s), and/or any entity within their individual or collective control. - -
1 1 1. SEITZ, CHALLENGER SCHOOL - SILVERADO, CHALLENGER SCHOOL FOUNDATION, DOES 1 through 0, and ROE CORPORATIONS 1 through 0 are collectively referred to herein as Defendants. GENERAL ALLEGATIONS. Plaintiff incorporates by reference and realleges each and every allegation set forth above as set forth herein.. Upon information and belief, in or around April the Plaintiff, Zanzibar Cardoza, a Minor, was enrolled as a first-grade student at CHALLENGER SCHOOL - SILVERADO.. In or around April, Defendant SEITZ was employed at CHALLENGER SCHOOL SILVERADO as a first-grade teacher for students, including but not limited to Zanzibar Cardoza. 1. In or around April, Defendant SEITZ, while in the course and scope of her employment with Defendants CHALLENGER SCHOOL SILVERADO and CHALLENGER SCHOOL FOUNDATION, negligently and carelessly disciplined the Plaintiff by forcing him to stand in front of the class and taping his mouth shut. 1. As a direct and proximate result of Defendant s actions, Plaintiff has sustained special damages, general damages, economic damages and future damages in excess of $,000.00 subject to proof to trial. 1. Plaintiff has been required to obtain an attorney to pursue her legal rights and she is entitled to reasonable attorneys fees and costs incurred therein. FIRST CAUSE OF ACTION (Assault). Plaintiff incorporates by reference and realleges each and every allegation set forth. Defendant SEITZ caused the Plaintiff to feel apprehension of harmful or offensive conduct.. As a direct and proximate cause of Plaintiff s apprehension of harmful or offensive - -
1 1 1 contact to his body, he has suffered damages.. CHALLENGER SCHOOL SILVERADO and CHALLENGER SCHOOL FOUNDATION are liable for the actions of SEITZ because they knew, or reasonably should have known, that SEITZ was a danger to students, such as the Plaintiff, and failed to take or order appropriate action to avoid the harm.. That at all times mentioned herein, Defendants, and each of them, acted with fraud, the Fifteen Thousand Dollars ($,000.00).. It has been necessary for Plaintiff to retain the services of an attorney to bring this SECOND CAUSE OF ACTION (Battery). Plaintiff incorporates by reference and realleges each and every allegation set forth. Defendant SEITZ made an intentional, unlawful, and harmful contact with the Plaintiff, a Minor.. As a direct and proximate result of these intentional, unlawful and harmful contacts, the Plaintiff has suffered damages.. CHALLENGER SCHOOL SILVERADO and CHALLENGER SCHOOL FOUNDATION are liable for the actions of SEITZ because they knew, or reasonably should have known, that SEITZ was a danger to students, such as the Plaintiff, and failed to take or order appropriate action to avoid the harm.. That at all times mentioned herein, Defendants, and each of them, acted with fraud, the - -
1 1 1 Fifteen Thousand Dollars ($,000.00).. It has been necessary for Plaintiff to retain the services of an attorney to bring this THIRD CAUSE OF ACTION (Negligent Infliction of Emotional Distress). Plaintiff incorporates by reference and realleges each and every allegation set forth. As set forth above, Defendants owed a duty of care to Plaintiff.. Defendants breached their respective duties of care. 0. Defendants breach caused injuries to Plaintiff. 1. As a result of Defendants actions, Plaintiff suffered serious emotional distress.. It has been necessary for Plaintiff to retain the services of an attorney to bring this FOURTH CAUSE OF ACTION (Breach of Contract). Plaintiff incorporates by reference and realleges each and every allegation set forth. Plaintiff and Defendant entered into a valid and existing contract of enrollment.. Plaintiff performed all duties of his enrollment as a student.. Defendants breached the contract by, among other things, failing to protect the Plaintiff from physical and emotional harm.. As a result of Defendants breach, Plaintiff suffered damages.. That at all times mentioned herein, Defendants, and each of them, acted with fraud, Fifteen Thousand Dollars ($,000.00).. It has been necessary for Plaintiff to retain the services of an attorney to bring this - -
1 1 1 FIFTH CAUSE OF ACTION (Aiding and Abetting as to Defendants CHALLENGER SCHOOL SILVERADO and CHALLENGER SCHOOL FOUNDATION) 0. Plaintiff incorporates by reference and realleges each and every allegation set forth 1. Defendants knew that SEITZ s conduct constituted a breach of duty to the Plaintiff.. Defendants substantially assisted or encouraged SEITZ s conduct.. As a result, Plaintiff sustained damages.. That at all times mentioned herein, Defendants, and each of them, acted with fraud, the Fifteen Thousand Dollars ($,000.00).. It has been necessary for Plaintiff to retain the services of an attorney to bring this SIXTH CAUSE OF ACTION (Respondeat Superior as to Defendants CHALLENGER SCHOOL SILVERADO and CHALLENGER SCHOOL FOUNDATION). Plaintiff incorporates by reference and realleges each and every allegation set forth. At all times relevant herein, Defendant SEITZ was an agent, servant and employee of Defendants CHALLENGER SCHOOL SILVERADO and CHALLENGER SCHOOL FOUNDATION, and at all times herein mentioned, was acting within the scope of employment with the knowledge, permission and consent of his employer(s). Therefore, employer(s) are responsible and liable for all of its employee s negligent conduct set forth herein under the theory of respondeat superior.. As a result of Defendants actions, Plaintiff suffered damages. - -
1 1 1. That at all times mentioned herein, Defendants, and each of them, acted with fraud, Fifteen Thousand Dollars ($,000.00). 0. It has been necessary for Plaintiff to retain the services of an attorney to bring this SEVENTH CAUSE OF ACTION (Negligent Hiring/Training/Supervision as to Defendants CHALLENGER SCHOOL SILVERADO and CHALLENGER SCHOOL FOUNDATION) 1. Plaintiff incorporates by reference and realleges each and every allegation set forth above as fully set forth herein. Defendants CHALLENGER SCHOOL SILVERADO and CHALLENGER SCHOOL FOUNDATION had a duty to exercise due care in the selection, training, supervision, oversight, direction, retention and control of its employees and/or agents, retained by it. Defendants CHALLENGER SCHOOL SILVERADO and CHALLENGER SCHOOL FOUNDATION held a duty of hiring, training, supervising, and enforcing policies and procedures in compliance with State law.. Defendants CHALLENGER SCHOOL SILVERADO and CHALLENGER SCHOOL FOUNDATION breached the above-referenced duties when they negligently, carelessly, and recklessly hired, trained, supervised, oversaw, directed, and/or retained Defendant SEITZ.. As a result of Defendants actions, Plaintiff suffered damages.. That at all times mentioned herein, Defendants, and each of them, acted with fraud, Fifteen Thousand Dollars ($,000.00).. It has been necessary for Plaintiff to retain the services of an attorney to bring this - -
1 1 1 EIGHTH CAUSE OF ACTION (Breach of Fiduciary Duty). Plaintiff incorporates by reference and realleges each and every allegation set forth. Defendants owed a fiduciary duty to Plaintiff.. Defendants breached that duty in the manner described above. 0. As a result of Defendants breach, Plaintiff suffered damages. 1. That at all times mentioned herein, Defendants, and each of them, acted with fraud, Fifteen Thousand Dollars ($,000.00).. It has been necessary for Plaintiff to retain the services of an attorney to bring this NINTH CAUSE OF ACTION (Negligence Per Se). Plaintiff incorporates by reference and realleges each and every allegation set forth. At the time of the alleged activities relevant hereto, there existed certain statutes, codes, and/or ordinances, including but not limited to NRS., forbidding the activity alleged herein.. Defendants violated said statutes, codes, and/or ordinances, including but not limited to NRS., in the manner described above, and Defendants are Negligent Per Se for said violations.. As a result of Defendants actions, Plaintiff suffered damages.. That at all times mentioned herein, Defendants, and each of them, acted with fraud, - -
1 1 1 Fifteen Thousand Dollars ($,000.00).. It has been necessary for Plaintiff to retain the services of an attorney to bring this WHEREFORE, Plaintiff expressly reserves the right to amend this complaint at the time of, or prior to trial, and prays for judgment against the Defendants, and each of them, as follows: 1. General and special damages in a sum in excess of $,000.00;. Punitive and exemplary damages in a sum in excess of $,000;. For attorney s fees and costs of suit incurred herein;. For pre-judgment and post-judgment interest at the statutory rate; and. For such other relief as this Court deems appropriate. Dated this th day of August,. ATKINSON WATKINS & HOFFMANN, LLP By: _/s/ John F. Bemis, Esq. MATTHEW W. HOFFMANN, ESQ. Nevada Bar No. 0001 JOHN F. BEMIS, ESQ. Nevada Bar No. 000 W. Twain Ave., Suite 0 Las Vegas, NV 1 Attorney for Plaintiff - -