31 P.3d 1005
No. 30659.Supreme Court of Nevada.
October 2, 2001.
ORDER GRANTING REHEARING
MAUPIN, C.J., YOUNG, J., AGOSTI, J., ROSE, J., BECKER, J.
This is an appeal from a district court order granting a new trial in a premises liability/negligent security action. The jury awarded Joseph Canterino more than $5,500,000 to compensate for injuries he received when he was beaten and robbed while staying at the Mirage Casino-Hotel. The district court decided that the jury award was excessive, reduced it to $1,500,000 and issued a conditional order of remittitur. When Canterino refused the remittitur, the district court ordered a new trial. Canterino appealed, seeking reinstatement of the jury award. On January 29, 2001, this court issued an opinion affirming in part, reversing in part and remanding for a new trial on the issue of damages only.
On February 21, 2001, the Mirage filed a petition for rehearing on the question of the proper scope of remand, arguing that the new trial should include the issue of liability as well as the issue of damages. On August 7, 2001, we directed Canterino to file an answer, and on August 23, 2001, Canterino did so, opposing the petition for rehearing. We have considered the documents submitted by the parties and have decided that rehearing is warranted. Accordingly, we grant the petition for rehearing.
It is so ORDERED.[1]
SHEARING, J., dissenting:
I dissent. I would deny the petition for rehearing.