Representative Cases

DEVELOPER'S ESTATE:
Jury awards $33 million in lawsuit Verdict in dispute over land venture's profits to be appealed

By GLENN PUIT
REVIEW-JOURNAL

A man who sued the estate of Las Vegas developer William Peccole over profits from the Queensridge land venture in northwest Las Vegas was awarded $33 million in damages by a Clark County civil jury Wednesday.

The amount may be the largest civil verdict ever awarded by a jury in Southern Nevada. District Attorney Stewart Bell, who has practiced law in the county for 30 years, said Wednesday afternoon he is not aware of a larger monetary verdict in the county's history.

The attorneys representing Peccole's estate and business interests said they will seek relief from the verdict in the courtroom of District Judge Michael Cherry, who oversaw the six-week trial.

"There are some legal issues that are still outstanding," said attorney Marc Cook, who represented the estate of William Peccole during the proceedings. "I don't want to presume too much at this point about the jury's thought process."

According to court filings and the parties involved, the case started in late 1992 and early 1993, when a Canadian man named David Stoddart went to work for Peccole. Peccole, who was one of the most prominent developers in the Las Vegas Valley, died in December 1999.

Stoddart was to help develop the Queensridge land project, which is a parcel of about 1,100 acres in the northwest part of the valley. Queensridge includes several commercial interests, including the Queensridge housing development and the Badlands golf course. Part of the multimillion dollar project includes the land that the Suncoast resort is on.

At issue during the trial was whether Stoddart was hired by Peccole as a consultant or whether he was offered a partnership in the Queensridge project, as Stoddart claimed.

Stoddart's attorney, Richard McKnight, said Stoddart and Peccole met in 1992 at the Country Inn on Rainbow Boulevard, where they agreed that Stoddart would become a partner in the venture. There was no written contract.

McKnight said Stoddart was dismissed from the project in 1995 and cut out of profits after Peccole's business interests realized millions were to be made. Peccole's attorneys denied the claims in court proceedings.

"There was never any verbal agreement," said Bill Phillips, general counsel for Peccole Nevada.

Stoddart filed a lawsuit in District Court against Peccole's estate and a 1982 trust established by Peccole. The trial started Nov. 28 and ended with closing arguments Friday. Jurors began deliberating Tuesday morning and came back with a verdict Wednesday afternoon.

Attorneys said the defense in the trial was hampered because Peccole suffered from Alzheimer's disease and died in 1999. Peccole was never able to dispute Stoddart's claims, Cook said.

Also, attorneys for Peccole said they could prove Stoddart's credibility was questionable. Cook and Phillips said they could show Stoddart had lied about the details of his resume to another employer, but the attorneys were prevented from presenting much of that evidence during trial.

Stoddart will seek hundreds of thousands of dollars in attorneys fees.

McKnight said Stoddart offered to settle the case for $3 million about two years ago. Peccole's attorneys rejected the offer and made no counteroffer.

"They offered us absolutely nothing," McKnight said.

The attempt to gain relief from Cherry will be immediate, Cook said.

"This is far from over," Cook said.

McLaughlin v. Owens Plastering Co., 841 F.2d 299, 28 Wage & Hour Cas. (BNA) 899, 95 A.L.R. Fed. 855 (9th Cir.(Nev.)) 1988)

Hauser v. Farrell, 14 F.3d 1338 (9th Cir. 1994)   

Baker v. U.S., 722 F.2d 517 (9th Cir. 1983) 

Bobby Berosini, Ltd. v. People for the Ethical Treatment of Animals, 971 P.2d 383 114 Nev. 1348

Pierce Lathing Co. v. ISEC, Inc, 956 P.2d 93 114 Nev. 291 

Wood v. Chicago Title Agency of Las Vegas, Inc., 847 P.2d 738 109 Nev. 70 

Transaero Land & Development Co. v. Land Title of Nevada, Inc., 842 P.2d 716 108 Nev. 997 

 835 P.2d 17 108 Nev. 483 Budget Rent-A-Car v. Eighth Judicial Dist. Court In and For County of Clark

787 P.2d 368 106 Nev. 57 Kovacs v. Acosta

787 P.2d 370 106 Nev. 26 Murphy v. Federal Deposit Ins. Corp.

779 P.2d 93 105 Nev. 517 Gearhart v. Pierce Enterprises, Inc.

764 P.2d 477 104 Nev. 613 Musso v. Binick

651 P.2d 637 98 Nev. 409 Local Joint Executive Bd. of Las Vegas, Culinary Workers Union, Local No. 226 v. Stern

643 P.2d 849 98 Nev. 138 Shockey v. Harden Ins. Agency, Inc.

637 P.2d 1219 97 Nev. 637 Luciano v. Diercks

632 P.2d 723 97 Nev. 370 Baley & Selover, Inc. v. All American Van & Storage, Inc.

629 P.2d 1205 97 Nev. 320 Thomas v. Valley Bank of Nevada

592 P.2d 951 95 Nev. 253 All American Van and Storage, Inc. v. DeLuca Realty, Inc.

582 P.2d 802 94 Nev. 532 McInnis v. McInnis