Poolside incident at Strip casino leads to wrongful death lawsuit
The family of a Canadian man who died following a tragic poolside incident at a Las Vegas Strip casino resort has filed a wrongful death lawsuit, alleging negligence and inadequate safety measures led to his untimely passing.
Paul Nakashima, 60, was in Las Vegas celebrating his birthday with his family on June 15, 2023, when he slipped on the steps of the Court Pool at the Excalibur casino-hotel, struck his head in shallow water and became unresponsive. According to the lawsuit, Excalibur lifeguards and pool staff failed to take immediate and proper action, contributing to Nakashima’s death the following day.
The lawsuit, filed Wednesday in Clark County District Court, outlines multiple claims against Excalibur, including negligence, negligent training and supervision, wrongful death, and negligent infliction of emotional distress. It also names unidentified individuals and entities involved in the pool’s design, maintenance and operation as defendants.
Excalibur is operated by Las Vegas-based MGM Resorts International. The company declined to comment when contacted Thursday.
The family’s complaint alleges that Excalibur breached its duty to maintain the pool area in a reasonably safe condition and to prevent foreseeable risks, such as slippery steps leading into the pool. Furthermore, the complaint accuses Excalibur of failing to enforce lifeguard protocols and emergency procedures after Nakashima’s fall, including conducting an immediate assessment of his condition and providing timely medical care.
Court documents claim essential life-saving equipment, such as a backboard for spinal injuries and an automated external defibrillator (AED), was either unavailable or not used appropriately. The AED, crucial in cardiac emergencies, reportedly had to be retrieved from another location, delaying critical intervention.
The suit further contends that Excalibur negligently hired, trained and supervised its lifeguards and pool staff. The family asserts that Excalibur failed to adequately instruct employees on how to monitor guests and respond to emergencies, creating hazardous conditions for pool patrons.
The complaint also cites violations of state and local safety codes, including Southern Nevada Health District Aquatic Facility Regulations, arguing these infractions constituted negligence per se.
The family members, who witnessed the events leading to Nakashima’s death, allege negligent infliction of emotional distress. They describe the trauma of watching him struggle, fall unresponsive and, ultimately, succumb to injuries that might have been prevented with proper care.
Additionally, Nakashima’s sisters, Sandra Waithe and Ruth Nakashima, filed claims for wrongful death, citing loss of familial support and companionship, as well as severe grief and sorrow. The family seeks damages exceeding $15,000, plus compensation for funeral expenses, legal fees and other related costs.
The lawsuit alleges that Excalibur’s actions — or lack thereof— directly caused Nakashima’s death and that the incident reflects broader failures in prioritizing guest safety. The family argues that had the hotel implemented proper safety measures, Nakashima might still be alive today.
David Danzis can be contacted at ddanzis@reviewjournal.com or (702) 383-0378. Follow AC2Vegas_Danzis on X.