Thursday, August 4, 2011
The Nevada Supreme Court has held that Steelers quarterback Ben Roethlisberger failed to establish a basis for a change of venue from one Nevada county to another:
The record contains no evidence demonstrating that the convenience of the witnesses compels a change in venue or that holding the trial in Douglas County rather than in Washoe County would promote the interests of justice. The difference in travel times to the courts in either county are, for many witnesses, relatively minimal. And while Roethlisberger may receive a speedier trial in Douglas County, it is not an abuse of discretion for the district court to conclude that the ends of justice are adequately served by keeping venue in Washoe County and would not be furthered by a change of venue to Douglas County. We conclude that the district court did not abuse its discretion in denying Roethlisberger’s motion to transfer venue...
Accordingly, because Roethlisberger lacked standing to demand that venue be changed under NRS 13.040 and has shown no abuse of discretion with regard to the district court’s NRS 13.050(2) determination, we affirm the district court’s order refusing to change venue.
The litigation involves tort claims against nine defendants. (Mike Frisch)