Lawsuit filed over man killed in accident

Debbie Port filed a wrongful death lawsuit over the fatal auto-pedestrian accident that killed her son Brandon John "B.J." Port, 20, on Mesquite Road last October.

The lawsuit states defendant Danny Hall, 42, was driving a vehicle owned by fellow defendant Danny Atencio, about 9 p.m. on Oct. 12 when he struck Port who was walking with friends on Mesquite Road near the intersection of David Street. Port was transported by air ambulance to University Medical Center where he died of massive head injuries.

A co-plaintiff is John Falcone, parent and guardian of Brandon Port's fiancee, Teresa Falcone, 17, who was also struck. Damien Port, B.J.'s brother who was injured in the accident, is also named as a plaintiff.

The suit asks for damages in excess of $10,000 each for wrongful death, emotional distress, punitive damages for driving under the influence, failure to maintain the roadway while in a vehicle and fraudulently concealing ownership of the vehicle. It also asks for medical expenses, funeral expenses and attorneys fees.

The cause of action for wrongful death states the plaintiffs suffered damages including funeral expenses, grief and sorrow, loss of probable support, companionship, and other damages. The emotional distress cause of action notes the defendants engaged in "extreme and outrageous conduct."

The third cause of action over the DUI, states, "At all times mentioned herein, defendant Danny Hill did willfully, wantonly, maliciously and recklessly operate his motor vehicle while under the influence of alcohol and/or drugs." It states Hill's conduct was in willful, wanton, malicious and reckless disregard of the health of the plaintiffs.

A press release by the Nye County Sheriff's Department after the accident stated Port and three other pedestrians, were walking in the westbound traffic lane on Mesquite.

The press release states: "investigation is ongoing and preliminary indications are that the pedestrians were at fault due to their being in the traffic lane where there were no street lights or other means for drivers to see them. The driver of the pickup was not intoxicated and speed does not appear to have been a contributing factor."

Debbie Port, in an interview earlier this week, said Hall registered a .03 blood-alcohol level, well below the .10 level to be legally intoxicated, but the blood-alcohol test wasn't taken until an hour after the accident. Debbie Port said her son Damon reported all four pedestrians were off the road during the accident, B.J. saved the life of his fiancee, Theresa Falcone, by pushing her out of the way just before he was hit by Hall, driving a 1978 Chevy pickup. She said Theresa Falcone is believed to have nerve damage and a blood clot on the back of her brain as a result of the accident.

Nye County is named as a defendant because the suit states the county "negligently designed, maintained and failed to cure known dangerous conditions; a failure to use reasonable care in the construction, operation and maintenance of said road; and the failure to provide a safe means for pedestrian travel, maintaining said highway in a dangerous and deteriorated condition in not providing an adequate shoulder for said highway."

Also named in the lawsuit as defendants are Acme Underground Inc., Hall's employer; ASSAP Air-Conditioning and Appliances, the registered owner of the vehicle, and the town of Pahrump. The suit, filed in Eighth Judicial District Court Department 19 in Clark County by attorney G. Dallas Horton, states all defendants were the owner, partner, servant, officer, agent or employee of the other defendants acting within the scope of a partnership, agency or employment relationship.


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