Electronically Filed

9/4/2020 4:44 PM
Steven D. Grierson
CLERK OF THE COURT
1 COMP
MATTHEW W. HOFFMANN, ESQ.
2 Nevada Bar No. 009061
TYLER M. CRAWFORD, ESQ.
3 Nevada Bar No. 10559 CASE NO: A-20-820750-C
4 ATKINSON WATKINS & HOFFMANN, LLP
10789 W. Twain Ave., Suite 100
Department 13
5 Las Vegas, NV 89135
Telephone: 702-562-6000
6 Facsimile: 702-562-6066
Email: mhoffmann@awhlawyers.com
7
Email: tcrawford@awhlawyers.com
8 Attorneys for Plaintiffs

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DISTRICT COURT
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CLARK COUNTY, NEVADA
11

12 DAISY GALLO, an individual, and DAISY CASE NO.:

GALLO as Special Administrator of the DEPT. NO.:
13 ESTATE OF AKADIAN FRANKOPOULOS,
an individual;
14
Plaintiffs,
15 COMPLAINT
v.
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CRYSTAL HELM, an individual; COUNTY
17 OF CLARK, a governmental entity; CLARK
COUNTY PUBLIC WORKS, a governmental
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entity; and DOES I through X, inclusive; and
19 ROE CORPORATIONS I through V, inclusive;

20 Defendants.
21

22 COMES NOW, Plaintiff DAISY GALLO, an individual, and DAISY GALLO as Special
23 Administrator of the ESTATE OF AKADIAN FRANKOPOULOS, individually (hereinafter
24 referred to as “Plaintiffs”), by and through their attorneys of record, MATTHEW W. HOFFMANN,
25 ESQ. and TYLER M. CRAWFORD, ESQ., of the law firm of ATKINSON WATKINS &
26 HOFFMANN, LLP, and for their Complaint on file herein allege as follows:
27 ...
28

Case Number: A-20-820750-C

 I.
1
GENERAL ALLEGATIONS
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1. Plaintiff, DAISY GALLO, individually, is and at all times mentioned herein was a
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resident of the County of Clark, State of Nevada, and the mother and sole heir of AKADIAN
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FRANKOPOULOS.
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2. AKADIAN FRANKOPOULOS (hereinafter referred to as “Frankopoulos”),
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individually, at all times mentioned herein was a resident of the County of Clark, State of Nevada.
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3. Defendant CRYSTAL HELM (hereinafter referred to as “Defendant Helm”), is, and
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was at all times herein a resident of the County of Clark, State of Nevada.
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4. Defendant COUNTY OF CLARK (hereinafter referred to as “Defendant CLARK”),
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is, and was at all times herein a governmental entity in the State of Nevada.
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5. Defendant CLARK COUNTY PUBLIC WORKS (hereinafter referred to as
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“Defendant PUBLIC WORKS”), is, and was at all times herein a governmental entity in the County
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of Clark, the State of Nevada, tasked with the design, construction, inspection, and maintenance of
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public infrastructure consisting of roadways and traffic control devices.
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6. Defendants CLARK and PUBLIC WORKS hereinafter collectively referred to as
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“Defendants CP.”
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7. That the names and capacities of Defendants DOES I through X, inclusive, and ROE
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Corporations I through V, inclusive, whether individual, corporate, associate, or otherwise, of are
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unknown to the Plaintiffs at the time of the filing of this Complaint and Plaintiffs therefore sue said
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Defendants by such fictitious name. Plaintiffs will ask for leave of court to file an Amended
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Complaint to insert the true names of the defendants when the true name has been ascertained.
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8. Upon information and belief, on or about April 27, 2020, Frankopoulos was near
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the intersection of Tropicana Avenue and Morris Street. Frankopoulos was a fault-free pedestrian
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crossing from the south side of east Tropicana Boulevard to the north side of east Tropicana
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Boulevard, using the pedestrian crosswalk.
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9. Upon information and belief, Defendant Helm was the owner and operator of a 2002
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Acura MDX and was traveling west bound on east Tropicana Boulevard, at an excessive speed.
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 10. Upon information and belief, due to a faulty pedestrian crosswalk and Defendant
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Helm’s negligent excessive speed, as Frankopoulos was walking in the pedestrian crosswalk,
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Defendant Helm collided with his person causing severe bodily injury resulting in the death of
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Frankopoulos.
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11. Defendant Helm failed to stop and render aid, and fled the scene of the accident after
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colliding with Frankopoulos. Upon information and belief, Defendant Helm parked her vehicle at
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4670 E. Tropicana Avenue and attempted to have her vehicle towed back to her residence.
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12. Upon information and belief, Defendants CP, had express and/or constructive
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knowledge of the faulty pedestrian crosswalk at this location.
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10 II.
FIRST CAUSE OF ACTION
11 GENERAL NEGLIGENCE

12 13. Plaintiffs hereby adopt and incorporate by reference Paragraphs 1 through 12 of this

13 Complaint and make them a part of the instant cause of action as though fully set forth herein.

14 14. Defendant Helm, and/or DOE and/or ROE Defendants, owed a duty of care to

15 Frankopoulos to operate her vehicle in a negligent free manner and to stop and render aid after a

16 collision.

17 15. Defendants CP, and/or DOE and/or ROE Defendants, owed a duty of care to

18 Frankopoulos to inspect, maintain, and make reasonable repairs to their traffic control devices.

19 16. Defendant Helm, and/or DOE and/or ROE Defendants, breached their duty to

20 Frankopoulos when she negligently and carelessly operated her vehicle at an excessive speed and

21 failed to stop for a pedestrian crosswalk resulting in her colliding with Plaintiff.

22 17. Defendant Helm, and/or DOE and/or ROE Defendants, further breached their duty

23 to Frankopoulos when Defendant Helm failed to stop and render aid and fled the scene of the

24 accident.

25 18. Defendants CP, and/or DOE and/or ROE Defendants, breached their duty to

26 Frankopoulos when they failed to inspect, maintain, and make necessary repairs to the traffic

27 control device under their control, when they had express and/or constructive knowledge of its

28 faultiness/inoperability.

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 19. As a direct and proximate result of the above-mentioned negligence of Defendants,
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Frankopoulos died as a result of severe injuries, incurred expenses for medical care and treatment,
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as well as pain and suffering and emotional distress, in an amount in excess of $15,000.00.
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20. Plaintiffs have been required to obtain services of an attorney to prosecute this
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action, and are therefore entitled to reasonable attorney’s fees and costs.
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6 III.
SECOND CAUSE OF ACTION
7 NEGLIGENCE PER SE PURSUANT TO NRS 484E.010, 484E.030, and NRS 484B.283
(As Against Defendant Helm and/or DOE and/or ROE Defendants)
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21. Plaintiffs hereby adopt and incorporate by reference Paragraphs 1 through 20 of this
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Complaint and make them a part of the instant cause of action as though fully set forth herein.
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22. On or about April 27, 2020, Nevada Revised Statute (“NRS”) NRS 484B.283
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created a duty for drivers to slow or stop in order to yield for a pedestrian crossing the highway
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when the pedestrian is upon the half of the highway upon which the vehicle is traveling.
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23. On or about April 27, 2020, Defendant Helm, and/or DOE and/or ROE Defendants,
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violated this statute by failing to slow or stop when Plaintiff was crossing the highway.
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24. On or about April 27, 2020, Nevada Revised Statutes(“NRS”) NRS 484E.010 and
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NRS 484E.030 created a duty to stop at the scene of a crash involving death or personal injury and
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a duty to give information and render aid.
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25. On or about April 27, 2020, Defendant Helm, and/or DOE and/or ROE Defendants,
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violated these statutes by fleeing the scene of the accident after colliding with Plaintiff.
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26. Said statutes, ordinances, regulations or rules existed to protect motorists from
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further injury due to the Defendant fleeing from the scene.
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27. Plaintiff, as an injured person and succumbing to death subsequent to being hit by a
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motor-vehicle, is within the class of persons intended to be protected by said statutes, ordinances,
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regulations, and/or rules.
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28. As a direct and proximate result of the above-mentioned negligence of Defendants,
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Frankopoulos, died as a result of severe injuries, incurred expenses for medical care and treatment,
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as well as pain and suffering and emotional distress, in an amount in excess of $15,000.00.
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 29. Plaintiffs have been required to obtain services of an attorney to prosecute this
1
action, and are therefore entitled to reasonable attorney’s fees and costs.
2

3 IV.
THIRD CAUSE OF ACTION
4 WRONGFUL DEATH

5 30. Plaintiffs hereby adopt and incorporate by reference Paragraphs 1 through 29 of this

6 Complaint and make them a part of the instant cause of action as though fully set forth herein.

7 31. Plaintiff Gallo is an heir or personal representative, Mother, of decedent

8 Frankopoulos.

9 32. Defendant Helm, and/or DOE and/or ROE Defendants, owed a duty of care to

10 Frankopoulos to operate her vehicle in a negligence free manner and to stop and render aid after a

11 collision.

12 33. Defendants CP, and/or DOE and/or ROE Defendants, owed a duty of care to

13 Frankopoulos to inspect, maintain, and make reasonable repairs to their traffic control devices.

14 34. Defendant Helm, and/or DOE and/or ROE Defendants, breached her duty to

15 Frankopoulos when she negligently and carelessly operated her vehicle at an excessive speed and

16 failed to stop for a pedestrian crosswalk resulting in her colliding with Plaintiff.

17 35. Defendant Helm, and/or DOE and/or ROE Defendants, further breached their duty

18 to Frankopoulos when Defendant Helm failed to stop and render aid and fled the scene of the

19 accident.

20 36. Defendants CP, and/or DOE and/or ROE Defendants, breached their duty to

21 Frankopoulos when they failed to inspect, maintain, and make necessary repair to the traffic control

22 device under their control, when they had express and/or constructive knowledge of it

23 faultiness/inoperability.

24 37. As a direct and proximate result of the above-mentioned negligence of Defendants,

25 Frankopoulos, died as a result of severe injuries, incurred expenses for medical care and treatment,

26 as well as pain and suffering and emotional distress, in an amount in excess of $15,000.00.

27 38. Therefore, under NRS 41.085, Plaintiff Gallo may maintain an action for damages

28 against Defendants.

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 39. Plaintiffs have been required to obtain services of an attorney to prosecute this
1
action, and are therefore entitled to reasonable attorney’s fees and costs.
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WHEREFORE, Plaintiffs pray for judgment against Defendants as follows:
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1. General damages in excess of $15,000.00;
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2. Special damages in excess of $15,000.00;
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3. Attorney’s fees and costs herein;
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4. For such further relief as the Court deems proper.
7
DATED this 4th day of September, 2020.
8
ATKINSON WATKINS HOFFMANN, LLP
9

10 /s/ Matthew W. Hoffmann, Esq.

MATTHEW W. HOFFMANN, ESQ.
11 Nevada Bar No. 009061
TYLER M. CRAWFORD, ESQ.
12 Nevada Bar No. 10559
13 10789 W. Twain Avenue, Suite 100
Las Vegas, NV 89135
14 Attorneys for Plaintiffs

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