LEGAL NOTICE: DISTRICT COURT CLARK COUNTY, NEVADA – DEMAND FOR JURY TRIAL LESLY TAMARA BONILLA, PLAINTIFF, VS. VICTORIA HUGHES, INDIVIDUALLY; DIMITRI LESLIE ROGER, INDIVIDUALLY; DOES I – X, INCLUSIVE; AND ROE CORPORATIONS I – X, INCLUSIVE, DEFENDANTS
Publish Once Per Week For 4 Consecutive Weeks
WEEK 1 Thursday, February 20, 2025.
COMP
JOSEPH J. WIRTH, ESQ.
Nevada Bar No. 10280
ASH MARIE BLACKBURN, ESQ.
Nevada Bar No. 14712
JOSEPH W. GUINDY, ESQ.
Nevada Bar No. 15556
TYLER A. BIXBY, ESQ.
Nevada Bar No. 16679
BLACKBURN WIRTH, LLP
6018 S. Fort Apache Road, Ste. 150
Las Vegas, NV 89148-5652
Tel: (702) 472-7000
Fax: (702) 463-4440
Attorneys for Plaintiff
DISTRICT COURT
CLARK COUNTY, NEVADA
DEMAND FOR JURY TRIAL
LESLY TAMARA BONILLA,
Plaintiff,
vs.
VICTORIA HUGHES, aka TORI BRIXX,
individually;
DIMITRI LESLIE ROGER, aka RICH THE KID,
individually;
DOES I – X,
inclusive;
and ROE CORPORATIONS I – X,
inclusive,
Defendants.
COMES NOW Plaintiff, LESLY TAMARA BONILLA, by and through her counsel of record, JOSEPH J. WIRTH, ESQ. ASH MARIE BLACKBURN, ESQ., JOSEPH W. GUINDY, ESQ., and TYLER A. BIXBY, ESQ. of BLACKBURN WIRTH, LLP, hereby complains and alleges against Defendant, and each of them, as follows:
I.
PARTIES AND JURISDICTION
1. Plaintiff LESLY TAMARA BONILLA (hereinafter “BONILLA”) is, and at all relevant times herein was, a resident of California.
2. Based upon information and belief, Plaintiff here by alleges, that at all times referenced herein, Defendant VICTORIA HUGHES, a.k.a. Tori Brixx, (hereinafter “HUGHES”) is and was a resident of Georgia and resides part-time in California.
3. Based upon information and belief, Plaintiff hereby alleges, that at all times referenced herein, Defendant DIMITRI LESLIE ROGER (hereinafter “ROGER”) is and was a resident of Georgia and resides part-time in California.
4. The identities of the Defendants DOES I through X are unknown at this time and may be individuals, partnerships or corporations. Plaintiff alleges that each of the Defendants designated herein as DOE DEFENDANTS are responsible in some manner for the damages herein alleged. Plaintiff will request leave of the Court to amend this Complaint to name the Defendants specifically when their identities become known.
5. The names and capacities, whether individual, corporate, associates, co-partnership, or any other business form or entity of defendants named herein as ROE CORPORATIONS I through X, inclusive, are unknown at this time and therefore said defendants are sued by such fictitious names.
The roles of these defendants may include, but is not necessarily limited to, (i) employment and/or control of any employees, agents, servants, and/or joint ventures of the defendants named herein responsible in some manner for the losses, injuries, and damages alleged herein, (ii) managers with some control over and responsibility for Defendants HUGHES and ROGER, (iii) business entities controlled by and/or associated with the defendants named herein, including but not limited to parent corporations, wholly owned subsidiaries, and/or alter egos, (iv) persons and/or business entities who bear some responsibility for the policies and procedures that caused or contributed to the losses, injuries, and damages alleged herein, (v) active tortfeasors individually responsible in some manner for the losses, injuries, and damages alleged herein, (vi) passive tortfeasors individually responsible in some manner for the losses, injuries, and damages alleged herein, (vii) individuals and/or business entities involved in the hiring, firing, and/or supervision of Defendants HUGHES and ROGER.
6. Based upon information and belief, the defendants so designated herein as ROE CORPORATIONS I through X, inclusive, are responsible in some manner for their agency, master/servant or joint venture relationship with the defendants named herein, or otherwise contributed to, as a proximate cause, the events complained of herein.
Leave of this Court will be requested to amend this complaint to name the defendants specifically when their identities become known.
That all the facts and circumstances that give rise to the subject lawsuit occurred in Clark County, Nevada on the premises of Bellagio Resort & Casino, located at 3600 S Las Vegas Blvd, Las Vegas, Nevada 89109 (hereinafter “the subject premises”).
II.
FACTS COMMON TO ALL CAUSES OF ACTION
7. Plaintiff repeats, realleges, and incorporates by reference Paragraphs 1 through 7 above as if fully set forth herein.
8. Defendants invited Plaintiff to travel and stay with them at Bellagio Resort & Casino during the Superbowl Weekend in February 2024.
9. On or about February 8, 2024, Defendant ROGER purchased and provided copious amounts of alcohol to his fiancé, Defendant HUGHES, who he knew to be a physically violent person towards him and others.
10. On said date, Defendants ROGER and HUGHES were involved in several verbal and physical altercations with each other.
11. Plaintiff Bonilla attempted to find other sleeping arrangements as Defendants ROGER and HUGHES continued fighting throughout the night.
12. Bellagio security was called at least once to Defendants ROGER and HUGHES’ hotel room, but Defendant ROGER encouraged them to leave.
13. Plaintiff BONILLA waited outside of the room until Defendant ROGER and HUGHES fell asleep.
14. Plaintiff BONILLA fell asleep inside the hotel room.
15. Shortly thereafter, Defendant ROGER caused Plaintiff to wake up to assist him in locating his cell phone.
16. While trying to find his cell phone, Defendant ROGER and Plaintiff BONILLA were confronted by Defendant HUGHES, who was still intoxicated.
17. Defendant HUGHES began to accuse Plaintiff BONILLA and Defendant ROGER of having a sexual relationship.
18. Still under the influence, Defendant HUGHES became very aggressive, moving toward Plaintiff BONILLA and shouting at her.
19. Defendant HUGHES then grabbed Plaintiff BONILLA by the hair and began striking her in the face with a closed fist, causing her nose to bleed.
20. Defendant ROGER watched Defendant HUGHES attack Plaintiff but did nothing to stop it.
21. Defendant ROGER failed to call security or police.
22. Defendant ROGER failed to intervene to stop his fiancé from abusing Plaintiff.
23. Plaintiff BONILLA ran to the bathroom to stop the bleeding and end the attack from Defendant HUGHES.
24. Unfortunately, Defendant ROGER and HUGHES had already broken the bathroom door.
25. Plaintiff BONILLA was forced to put her body weight against the bathroom door to stop Defendant HUGHES from entering and continuing the attack.
26. Defendant ROGER left the hotel room as Defendant HUGHES was still trying to attack Plaintiff BONILLA, failing to assist or call authorities.
27. As Plaintiff BONILLA attempted to gather her belongings to leave, Defendant HUGHES struck Plaintiff BONILLA over the head and began chasing Plaintiff BONILLA around the room aiming to continue the attack and cause her harm.
28. As Plaintiff BONILLA was attempting to leave, Defendant HUGHES closed the door on her, causing BONILLA to force her way out, resulting in bruising and pain in both shoulders.
29. Plaintiff sustained bodily injuries, including significant injury to her eye, and emotional distress as a result of the subject incident.
III.
FIRST CAUSE OF ACTION
Assault and Battery as to Defendant HUGHES
30. Plaintiff repeats, realleges, and incorporates herein by this reference, each and every allegation contained in Paragraphs 1 through 29 set forth above as though fully set forth herein.
31. At all times herein relevant, Defendant HUGHES intentionally, willfully, and unlawfully used force upon Plaintiff by violently punching, shoving and grabbing her, as well as closing a door on her body.
32. As a result of these acts, Plaintiff was significantly injured and required medical attention.
33. Defendant HUGHES acted intentionally, willfully, wantonly, maliciously and with deliberate indifference to and callous disregard for Plaintiff’s rights, and in a manner that shocks the conscience and offends traditional notions of decency.
34. Furthermore, at all times mentioned herein, there were in force statutes, ordinances, and regulations (NRS 200.471 and NRS 200.481) prohibiting the conduct exhibited by Defendant.
35. Defendant’s actions are in direct violation of these ordinances and/or statutes.
36. Plaintiff is a member of the class of persons for whose protection said statutes, ordinances, and regulations were enacted or promulgated.
37. Plaintiff sustained injuries that were the type which said statutes, ordinances and regulations were intended to prevent.
38. As a direct and proximate result of Defendant’s violation of said statutes, ordinances, and regulations, Plaintiff sustained damages alleged herein.
39. As a direct and proximate result of the assault and battery described above, Plaintiff was significantly injured and caused to suffer great pain of body and mind, all or some of which is permanent and disabling in nature, aggravating to her general and compensatory damages in an amount in excess of Fifteen Thousand Dollars ($15,000.00).
40. As a further direct and proximate result of the assault and battery described above, Plaintiff incurred expenses for medical care, treatment and expenses incidental thereto, and Plaintiff may be required in the future to incur expenses for medical care and treatment.
41. In addition to general and special damages, Plaintiff is entitled to recover punitive damages in an amount deemed appropriate to punish Defendant for her malicious, wrongful and egregious conduct.
42. Plaintiff has been required to retain the services of BLACKBURN WIRTH, LLP to prosecute this action and is entitled to reasonable attorney’s fees and costs incurred herein.
IV.
SECOND CAUSE OF ACTION
Negligence as to all Defendants
43. Plaintiff repeats, re-alleges, and incorporates by reference Paragraphs 1 through 42 above as if fully set forth herein.
44. With prior knowledge of his fiancé’s violent temperament, Defendant ROGER had a duty not to encourage, entice, and intoxicate Defendant HUGHES so that she would become a danger to others.
45. Defendant HUGHES had a duty to behave reasonably in her physical interactions with others, including Plaintiff, and refrain from harmful physical contact.
46. Defendant ROGER had a duty to intervene and/or contact authorities when Plaintiff BONILLA was being physically attacked by Defendant HUGHES.
47. In complete disregard of their duties, Defendants caused a situation where Defendant HUGHES, a violent and aggressive person, viciously attacked Plaintiff in their shared hotel room.
48. In complete disregard of his duties, Defendant ROGER failed to render aid, assistance and otherwise intervene in the attack.
49. Furthermore, at all times mentioned herein, there were in force statutes, ordinances, and regulations (NRS 200.471 and NRS 200.481) prohibiting the conduct exhibited by Defendant HUGHES.
50. Defendant’s negligence is in direct violation of these ordinances and/or statutes and not from any negligence of Plaintiff.
51. Plaintiff is a member of the class of persons for whose protection said statutes, ordinances, and regulations were enacted or promulgated.
52. Plaintiff sustained injuries that were the type which said statutes, ordinances and regulations were intended to prevent.
53. Defendants acted willfully, wantonly, maliciously and with deliberate indifference to and callous disregard for Plaintiff’s rights, and in a manner that shocks the conscience and offends traditional notions of decency.
54. As a direct and proximate result of Defendants’ negligence, Plaintiff was significantly injured and caused to suffer great pain of body and mind, all or some of which is permanent and disabling in nature, aggravating to her general and compensatory damages in an amount in excess of Fifteen Thousand Dollars ($15,000.00).
55. As a further direct and proximate result of Defendants’ negligence, Plaintiff incurred expenses for medical care, treatment and expenses incidental thereto, and Plaintiff may be required in the future to incur expenses for medical care and treatment.
56. The acts, conduct and behavior of Defendants were performed knowingly and intentionally, oppressively and maliciously, by reason of which Plaintiff is entitled to punitive damages in an amount deemed appropriate to punish Defendants.
57. Plaintiff has been required to retain the services of BLACKBURN WIRTH, LLP to prosecute this action and is entitled to reasonable attorney’s fees and costs incurred herein.
V.
THIRD CAUSE OF ACTION
Intentional Infliction of Emotional Distress as Defendant HUGHES
58. Plaintiff hereby repeats, re-alleges and incorporates by reference Paragraphs 1 through 57 above as if fully set forth herein.
59. Defendant’s actions, as described herein, were performed intentionally, recklessly and for the purpose of intimidating and/or controlling Plaintiff.
60. Defendant’s actions, as described herein, were extreme and outrageous.
61. Defendant’s actions, as described herein, caused Plaintiff to suffer emotional distress, feelings of violation, anxiety and difficulty sleeping.
62. As a direct and proximate result of Defendant’s actions, Plaintiff was injured and caused to suffer great pain of body and mind, all or some of which is permanent and disabling in nature, aggravating to her general and compensatory damages in an amount in excess of Fifteen Thousand Dollars ($15,000.00).
63. As a further direct and proximate result of Defendant’s actions, Plaintiff incurred expenses for medical care, treatment and expenses incidental thereto, and Plaintiff may be required in the future to incur expenses for medical care and treatment.
64. The acts, conduct and behavior of Defendant were performed knowingly and intentionally, oppressively and maliciously, by reason of which Plaintiff is entitled to punitive damages in an amount deemed appropriate to punish Defendant.
65. Plaintiff has been required to retain the services of BLACKBURN WIRTH, LLP to prosecute this action and is entitled to reasonable attorney’s fees and costs incurred herein.
VI.
FOURTH CAUSE OF ACTION
Negligent Infliction of Emotional Distress as to Defendant HUGHES
66. Plaintiff hereby repeats, re-alleges and incorporates by reference Paragraphs 1 through 65 above as if fully set forth herein.
67. Defendant’s negligence, as described herein, caused Plaintiff to suffer emotional distress, feelings of violation, anxiety and difficulty sleeping.
68. As a direct and proximate result of Defendant’s actions, Plaintiff was significantly injured and caused to suffer great pain of body and mind, all or some of which is permanent and disabling in nature, aggravating to her general and compensatory damages in an amount in excess of Fifteen Thousand Dollars ($15,000.00).
69. As a further direct and proximate result of Defendant’s actions, Plaintiff incurred expenses for medical care, treatment and expenses incidental thereto, and Plaintiff may be required in the future to incur expenses for medical care and treatment.
70. The acts, conduct and behavior of Defendant, were performed knowingly and intentionally, oppressively and maliciously, by reason of which Plaintiff is entitled to punitive damages in an amount deemed appropriate to punish Defendant.
71. Plaintiff has been required to retain the services of BLACKBURN WIRTH, LLP to prosecute this action and is entitled to reasonable attorney’s fees and costs incurred herein
PRAYER FOR RELIEF
WHEREFORE, Plaintiff prays judgment of this Court as follows:
1. General damages in excess of FIFTEEN THOUSAND DOLLARS ($15,000.00);
2. Special damages for past and future medical treatment and costs incidental thereto;
3. Prejudgment interest;
4. Reasonable attorney’s fees;
5. Costs of suit herein; and
6. For such other and further relief as the Court may deem proper.
DATED this 5th day of August, 2024.
BLACKBURN WIRTH, LLP
/s/ Ash Marie Blackburn
ASH MARIE BLACKBURN, ESQ.
Nevada Bar No. 14712
Attorney for Plaintiffs