Electronically Filed

2/14/2022 7:42 PM
Steven D. Grierson
CLERK OF THE COURT
1 COMP
2 BENJAMIN P. CLOWARD, ESQ.
Nevada Bar No. 11087
3 IAN C. ESTRADA, ESQ.
Nevada Bar No. 12575 CASE NO: A-22-848291-C
4 LANDON D. LITTLEFIELD, ESQ.
Department 14
5 Nevada Bar No. 15268
RICHARD HARRIS LAW FIRM
6 801 South Fourth Street, Las Vegas, Nevada 89101
Phone: (702) 444-4444
7 Fax: (702) 444-4455
8 E-Mail: Benjamin@RichardHarrisLaw.com
E-Mail: Ian@RichardHarrisLaw.com
9 E-Mail: Landon@RichardHarrisLaw.com
Attorneys for Plaintiffs
10
11 DISTRICT COURT

12 CLARK COUNTY, NEVADA

13
14 MICHAEL J. VALENCIA, individually and as heir to CASE NO.:
the Estate of NATHAN TYLER VALENCIA; DEPT NO.:
15 CYNTHIA D. VALENCIA, individually and as heir to
the Estate of NATHAN TYLER VALENCIA; and
16
MICHAEL J. VALENCIA, as Special Administrator of PLAINTIFFS’ COMPLAINT
17 the Estate of NATHAN TYLER VALENCIA, Deceased;

18 Plaintiffs,
19 (Exemption from Arbitration
vs. Requested. Damages Exceed
20 $50,000)
KAPPA SIGMA FRATERNITY, a foreign organization;
21 ADAM J. MERILAT, individually and as an agent of
KAPPA SIGMA FRATERNITY; BURTON R.
22 TREMBLY, individually and as an agent of KAPPA
23 SIGMA FRATERNITY; ADAM T. POE, individually
and as an agent of KAPPA SIGMA FRATERNITY;
24 DANIEL J. TIERNEY, individually and as an agent of
KAPPA SIGMA FRATERNITY; MARTIN C.
25 PETERSEN, individually and as an agent of KAPPA
26 SIGMA FRATERNITY; MITCHELL B. WILSON,
individually and as an agent of KAPPA SIGMA
27 FRATERNITY; CHAD GEBHARDT, individually and
as an agent of KAPPA SIGMA FRATERNITY; KAPPA
28
ALPHA KAPPA SIGMA FRATERNITY UNLV, a

Case Number: A-22-848291-C

 1 domestic corporation; THE STATE OF NEVADA ex
rel. BOARD OF REGENTS OF THE NEVADA
2 SYSTEM OF HIGHER EDUCATION, on behalf of
THE UNIVERSITY OF NEVADA, LAS VEGAS, a
3 Political Subdivision of the State of Nevada;
4 CHRISTOPHER EISENHAUER, an individual;
SAHARA EVENT CENTER, LLC, a Nevada limited
5 liability company; DOES 1 through 50;
6 Defendants.
7
8 COME NOW, Plaintiffs, MICHAEL J. VALENCIA, individually and as heir to the Estate
9 of NATHAN TYLER VALENCIA; CYNTHIA D. VALENCIA, individually and as heir to the
10 Estate of NATHAN TYLER VALENCIA; and MICHAEL J. VALENCIA, as Special Administrator
11 of the Estate of NATHAN TYLER VALENCIA, Deceased; by and through their attorneys of record,
12 BENJAMIN P. CLOWARD, ESQ.; IAN C. ESTRADA, ESQ.; and LANDON D. LITTLEFIELD,
13 ESQ. of the RICHARD HARRIS LAW FIRM, who complain and allege as follows:
14 PARTIES
15 1. At all times relevant hereto, Plaintiff, MICHAEL J. VALENCIA, individually and as
16 heir to the Estate of NATHAN TYLER VALENCIA, was, and is, a resident of Clark County,
17 Nevada.
18 2. At all times relevant hereto, Plaintiff, CYNTHIA D. VALENCIA, individually and
19 as heir to the Estate of NATHAN TYLER VALENCIA, was, and is, a resident of Clark County,
20 Nevada.
21 3. At all times relevant hereto, Plaintiff, MICHAEL J. VALENCIA, as Special
22 Administrator of the Estate of NATHAN TYLER VALENCIA, Deceased, was, and is, a resident of
23 Clark County, Nevada.
24 4. At all times relevant hereto, Defendant KAPPA SIGMA FRATERNITY (hereinafter
25 “KAPPA SIGMA NATIONAL”) is, and at all times relevant hereto was, an unincorporated
26 nonprofit organization doing and conducting business in Las Vegas, Clark County, Nevada.
27 5. At all times relevant hereto, ADAM J. MERILAT, individually and as an agent of
28 KAPPA SIGMA FRATERNITY, was, and is, a resident of Tulsa, Oklahoma.

2
 1 6. At all times relevant hereto, BURTON R. TREMBLY, individually and as an agent
2 of KAPPA SIGMA FRATERNITY, was, and is, a resident of Las Vegas, Nevada.
3 7. At all times relevant hereto, ADAM T. POE, individually and as an agent of KAPPA
4 SIGMA FRATERNITY, was, and is, a resident of Cookewille, Tennessee.
5 8. At all times relevant hereto, DANIEL J. TIERNEY, individually and as an agent of
6 KAPPA SIGMA FRATERNITY, was, and is, a resident of Columbus, Ohio.
7 9. At all times relevant hereto, MARTIN C. PETERSEN, individually and as an agent
8 of KAPPA SIGMA FRATERNITY, was, and is, a resident of Warrenton, Virginia.
9 10. At all times relevant hereto, MITCHELL B. WILSON, individually and as an agent
10 of KAPPA SIGMA FRATERNITY, was, and is, a resident of Charlottesville, Virginia.
11 11. At all times relevant hereto, CHAD GEBHARDT, individually and as an agent of
12 KAPPA SIGMA FRATERNITY, was, and is, a resident of Charlottesville, Virginia.
13 12. At all times relevant hereto, Defendant KAPPA ALPHA KAPPA SIGMA
14 FRATERNITY UNLV (hereinafter “KAPPA SIGMA UNLV”) is, and at all times relevant hereto
15 was, a Nevada nonprofit corporation duly authorized to conduct business in Las Vegas, Clark
16 County, Nevada.
17 13. At all times relevant hereto, Defendant THE STATE OF NEVADA ex rel. BOARD
18 OF REGENTS OF THE NEVADA SYSTEM OF HIGHER EDUCATION, on behalf of THE
19 UNIVERSITY OF NEVADA, LAS VEGAS (hereinafter “UNLV”), was a Political Subdivision of
20 the State of Nevada, duly authorized to conduct business in Las Vegas, Clark County, Nevada as the
21 University of Nevada, Las Vegas.
22 14. At all times relevant hereto, Defendant CHRISTOPHER EISENHAUER (hereinafter
23 “EISENHAUER”) was, and is, a resident of Clark County, Nevada.
24 15. At all times relevant hereto, Defendant SAHARA EVENT CENTER, LLC
25 (“SAHARA EVENTS CENTER”) is, and at all times relevant hereto was, a Nevada limited
26 liability company duly authorized to conduct business in Las Vegas, Clark County, Nevada.
27 16. DOES 1-5 are the officers, commissioners, executives, members, employees, or
28 agents of KAPPA SIGMA FRATERNITY who were in any way involved in the events giving rise

3
 1 to the injuries and death of NATHAN TYLER VALENCIA or whose acts or ommissions
2 contributed to the injuries of NATHAN TYLER VALENCIA.
3 17. DOES 6-10 are the regional or local chapters, divisions, or other related entity of
4 KAPPA SIGMA FRATERNITY that was in any way involved in the events giving rise to the injuries
5 and death of NATHAN TYLER VALENCIA or whose acts or ommissions contributed to the
6 injuries of NATHAN TYLER VALENCIA.
7 18. DOES 11-15 are the alumni, alumni organizations, volunteers, or persons associated
8 with KAPPA SIGMA NATIONAL and/or KAPPA SIGMA UNLV who advised, guided, counseled,
9 supervised, controlled, managed, or otherwise assisted KAPPA SIGMA UNLV in any matters
10 giving rise to or contributing to the injuries and death of NATHAN TYLER VALENCIA.
11 19. DOES 16-20 are the officers, chapter president, house manager, risk manager, social
12 chairman, historian, treasurer, and members of KAPPA SIGMA UNLV whose acts or ommissions
13 caused or contributed to the injuries and death of NATHAN TYLER VALENCIA.
14 20. DOES 21-25 are the members of the UNLV Intrafraternity Council or other
15 governing council relating to KAPPA SIGMA UNLV who were in any way involved in the events
16 giving rise to the injuries of NATHAN TYLER VALENCIA or whose acts or ommissions
17 contributed to the injuries and death of NATHAN TYLER VALENCIA.
18 21. DOES 26-30 are the members of the UNLV Office of Student Conduct, Office of
19 Student Involvement and Activities, or UNLV Coordinators or Directors of Fraternity and Sorority
20 Life who were in any way involved in the events giving rise to the injuries of NATHAN TYLER
21 VALENCIA or whose acts or ommissions contributed to the injuries and death of NATHAN
22 TYLER VALENCIA.
23 22. DOES 31-35 are the members of the Board of Regents of UNLV, Office of Student
24 Affairs, or any other staff, employee, or agent of UNLV who were in any way involved in the events
25 giving rise to the injuries of NATHAN TYLER VALENCIA or whose acts or ommissions
26 contributed to the injuries and death of NATHAN TYLER VALENCIA.
27 23. DOES 36-40 are the organizers, promoters, managers, officials, or other persons
28 involved in the planning, managing, running, controlling, supervising, overseeing, or otherwise

4
 1 handling the Kappa Sigma Fight Night described below.
2 24. DOES 41-45 are the person(s) responsible for providing security at the Kappa Sigma
3 Fight Night.
4 25. DOES 46-50 are unknown persons who are the alter-ego of KAPPA SIGMA
5 NATIONAL, KAPPA SIGMA UNLV, UNLV, or SAHARA EVENTS CENTER.
6 26. That Defendants DOES 1-50 are persons and/or entities whose true names are
7 presently unknown, whose acts and omissions caused or contributed to the injuries and death of
8 NATHAN TYLER VALENCIA as described below, or who are statutorily or vicariously liable for
9 the acts and omissions Defendants as described below.
10 27. The true names and capacities of the remaining Defendants designated herein as DOE
11 are presently unknown at this time to Plaintiffs, who therefore sues said Defendants by such fictitious
12 names. When the true names and capacities of these defendants are ascertained, Plaintiffs will
13 amend this Complaint accordingly.
14 28. That at all times pertinent, Defendants and each of them were agents, servants,
15 employees or joint venturers of every other Defendant herein, and at all times mentioned herein were
16 acting within the scope and course of said agency, employment, or joint venture, with knowledge
17 and permission and consent of all other named Defendants.
18 29. Defendants designated herein as DOE and each of them, are predecessors-in-interest,
19 successors-in-interest, and/or agencies otherwise in a joint venture with, and/or serving as an alter
20 ego of, any and/or all Defendants named herein; and/or are entities responsible for the supervision
21 of the individually named Defendants at the time of the events and circumstances alleged herein;
22 and/or are entities employed by and/or otherwise directing the individual Defendants in the scope
23 and course of their responsibilities at the time of the events and circumstances alleged herein; and/or
24 are entities otherwise contributing in any way to the acts complained of and the damages alleged to
25 have been suffered by the Plaintiffs herein. Plaintiffs are informed and, on that basis believe and
26 thereon allege, that each of the Defendants designated as DOE is in some manner negligently,
27 vicariously, and/or statutorily responsible for the events and happenings referred to and caused
28 damage to Plaintiffs as herein alleged.

5
 1 30. Defendants, and each of them, are jointly and severally liable for all damages.
2 Defendants, and each of them, acted as the agents of each other.
3 JURISDICTION AND VENUE
4 31. The District Court has jurisdiction over this action pursuant to NRS 3.001 et. seq.,
5 as the amount in controversy in this action exceeds $15,000 and pursuant to Article 6 § 6 of the
6 Nevada Constitution.
7 32. Venue in the Eighth Judicial District Court is proper as the majority of parties and
8 witnesses resides in Clark County, Nevada. Venue is also proper based upon NRS 13.020.
9 ALLEGATIONS COMMON TO ALL CAUSES OF ACTION
10 33. KAPPA SIGMA NATIONAL is is the largest college social fraternity in the world
11 with more than 250,000 living members, including over 17,000 undergraduates and nearly 300
12 chapters and colonies located throughout the United States and Canada.
13 34. KAPPA SIGMA NATIONAL’s headquarters is based in Charlottesville, Virginia.
14 35. The “Supreme Executive Committee” is the governing body of the KAPPA SIGMA
15 FRATERNITY.
16 36. The members of the Supreme Executive Committee are the highest elected officers
17 of KAPPA SIGMA NATIONAL.
18 37. ADAM J. MERILAT is the “Worthy Grand Master” of the Supreme Executive
19 Committee.
20 38. BURTON R. TREMBLY is the “Worthy Grand Procurator” of the Supreme
21 Executive Committee.
22 39. ADAM T. POE is the “Worthy Grand Master of Ceremonies” of the Supreme
23 Executive Committee.
24 40. DANIEL J. TIERNEY is the “Worthy Grand Scribe” of the Supreme Executive
25 Committee.
26 41. MARTIN C. PETERSEN is the “Worthy Grand Treasurer” of the Supreme
27 Executive Committee.
28 42. MITCHELL B. WILSON is the Executive Director of KAPPA SIGMA

6
 1 FRATERNITY who oversees the implementation of the strategic plan established by the Supreme
2 Executive Committee.
3 43. CHAD GEBHARDT is the Chief Administrative Officer of KAPPA SIGMA
4 FRATERNITY who oversees the administrative operations of KAPPA SIGMA FRATERNITY.
5 44. ADAM J. MERILAT, BURTON R. TREMBLY, ADAM T. POE, DANIEL J.
6 TIERNEY, MARTIN C. PETERSEN, MITCHELL B. WILSON, and CHAD GEBHARDT are
7 collectively referred to as the “KAPPA SIGMA EXECUTIVES.”
8 45. KAPPA SIGMA UNLV is the Las Vegas chapter of the Kappa Sigma Fraternity.
9 46. KAPPA SIGMA UNLV is a known and recognized fraternity by Defendant UNLV.
10 47. Defendant UNLV is state agency.
11 a. The University of Nevada is a constitutionally-created entity, “controlled by a
12 Board of Regents whose duties shall be prescribed by Law.” Nev. Const. Art. XI,
13 Sect. 4.
14 b. The University of Nevada is comprised of universities, colleges, research, and
15 public service units; all of which are administered under the direction of the Board
16 of Regents and collectively known as The Nevada System of Higher Education
17 (“NSHE”). NRS 396.020.
18 c. University of Nevada, Las Vegas is an institution of NSHE. The Board of
19 Regents Handbook, NSHE Code (“NSHE Code”), Title 2, Ch. 1, Sect. 1.4.3.
20 d. University of Nevada, Las Vegas is an agency of the State of Nevada. Nev.
21 Const. Art.XI, Sect. 4, Johnson v. Univ. of Nev., 596 F.Supp.175, 178 (D.Nev.
22 1984); Meza v. Lee, 669 F.Supp.325, 328 (D.Nev. 1987).
23 KAPPA SIGMA FIGHT NIGHTS
24 48. KAPPA SIGMA NATIONAL, the KAPPA SIGMA EXECUTIVES, and KAPPA
25 SIGMA UNLV (hereineafter collectively referred to as the “KAPPA SIGMA DEFENDANTS”),
26 along with the DOE Defendants organize, promote, and hold an annual boxing event known as
27 “Kappa Sigma Fight Night” in Las Vegas, Nevada.
28 49. The first Kappa Sigma Fight Night occurred in or around 2012.

7
 1 50. Since 2012, the KAPPA SIGMA DEFENDANTS organized, promoted, and held
2 Kappa Sigma Fight Nights in Las Vegas and throughout the country on an annual basis.
3 51. The KAPPA SIGMA DEFENDANTS advertised the annual Kappa Sigma Fight
4 Nights on social media.
5 52. The advertisements sought participants and stated “no experience required.”
6 53. The only advertised requirement set out by the KAPPA SIGMA DEFENDANTS was
7 that participants must be students of the University of Nevada, Las Vegas.
8 54. KAPPA SIGMA NATIONAL and the KAPPA SIGMA EXECUTIVES knew of each
9 and every Kappa Sigma Fight Night that has occurred since 2012.
10 55. KAPPA SIGMA NATIONAL and the KAPPA SIGMA EXECUTIVES approved
11 each and every Kappa Sigma Fight Night that has occurred since 2012.
12 56. KAPPA SIGMA NATIONAL and the KAPPA SIGMA EXECUTIVES took part in
13 the planning, organizing, promoting, managing, and overall handling of every Kappa Sigma Fight
14 Night that has occurred since 2012.
15 57. KAPPA SIGMA NATIONAL and the KAPPA SIGMA EXECUTIVES had actual
16 knowledge of all aspects of the planning, organizing, promoting, executing, and handling of each
17 and every Kappa Sigma Fight Night.
18 58. KAPPA SIGMA NATIONAL and the KAPPA SIGMA EXECUTIVES exercised
19 control over the planning, promoting, managing, organizing, and overall handling of each and every
20 Kappa Sigma Fight Night.
21 59. The KAPPA SIGMA DEFENDANTS had actual knowledge that participants in prior
22 Kappa Sigma Fight Nights suffered serious injuries.
23 60. The KAPPA SIGMA DEFENDANTS were aware of a participant in a prior Kappa
24 Sigma Fight Night who was knocked unconscious and required hospital care at St. Rose Hospital.
25 THE 2021 KAPPA SIGMA FIGHT NIGHT
26 61. The KAPPA SIGMA DEFENDANTS and/or DOE Defendants have no training,
27 education, or experience in boxing promotion or boxing event planning.
28 62. Nonetheless, the KAPPA SIGMA DEFENDANTS held the 2021 Kappa Sigma Fight

8
 1 Night on November 19, 2021.
2 63. The 2021 Kappa Sigma Fight Night was held at the property owned by SAHARA
3 EVENTS CENTER, located at 800 Karen Avenue, Las Vegas, Nevada, 89109 (“Subject
4 Property”).
5 64. The KAPPA SIGMA DEFENDANTS widely advertised and promoted the 2021
6 Kappa Sigma Fight Night.
7 65. Plaintiffs’ Decedent, NATHAN TYLER VALENCIA, was a participant in the 2021
8 Kappa Sigma Fight Night.
9 66. NATHAN TYLER VALENCIA participated in a three-round boxing match against
10 non-party, Emmanuel Aleman (“the Subject Boxing Match”).
11 67. The KAPPA SIGMA DEFENDANTS and/or DOE Defendants have no training,
12 education, or experience in boxing match-making.
13 68. The KAPPA SIGMA DEFENDANTS selected NATHAN TYLER VALENCIA’s
14 opponent, non-party, Emmanuel Aleman.
15 69. The KAPPA SIGMA DEFENDANTS did not consider the weight of either
16 NATHAN TYLER VALENCIA or Emmanuel Aleman to determine whether they were safely paired
17 and in the same weight class.
18 70. Nothwithstanding the weight of NATHAN TYLER VALENCIA or Emmanuel
19 Aleman, the KAPPA SIGMA DEFENDANTS failed to take any steps to evaluate whether
20 NATHAN TYLER VALENCIA and Emmanuel Aleman were properly and safely paired to compete
21 in the Subject Boxing Match.
22 71. The KAPPA SIGMA DEFENDANTS did not implement or follow standard weigh-
23 in processes or practices to ensure the Subject Boxing Match was safe for NATHAN TYLER
24 VALENCIA and Emmanuel Aleman.
25 72. The KAPPA SIGMA DEFENDANTS did not implement or follow standard pre-fight
26 processes or practices to ensure the Subject Boxing Match was safe for NATHAN TYLER
27 VALENCIA and Emmanuel Aleman.
28 73. Despite having little to no training, NATHAN TYLER VALENCIA and Emanuel

9
 1 Aleman’s match, the Subject Boxing Match, was chosen by the KAPPA SIGMA DEFENDANTS
2 as the “Main Event” of the night.
3 74. The KAPPA SIGMA DEFENDANTS did not perform a reasonable inquiry into the
4 training, experience, or skill of any participant prior to setting any of the matches for the event.
5 75. With respect to NATHAN TYLER VALENCIA, the KAPPA SIGMA
6 DEFENDANTS did not perform any medical or physical examination of NATHAN TYLER
7 VALENCIA at any time prior to, or during, the subject Subject Boxing Match.
8 76. The KAPPA SIGMA DEFENDANTS controlled and provided boxing equipment to
9 all participants, including NATHAN TYLER VALENCIA and Emmanuel Aleman.
10 77. Prior to the Subject Boxing Match, several of the other boxing participants
11 experienced issues with the boxing equipment provided to them by the KAPPA SIGMA
12 DEFENDANTS.
13 78. The KAPPA SIGMA DEFENDANTS did not observe or supervise the boxers’ hands
14 being wrapped prior to the match.
15 79. The KAPPA SIGMA DEFENDANTS did not inspect Emmanuel Aleman’s hand
16 wraps prior to the Subject Boxing Match.
17 80. The KAPPA SIGMA DEFENDANTS did nothing to ensure that Emmanel Aleman’s
18 hands were wrapped properly and safely.
19 81. Prior to the Subject Boxing Match, several participants in the earlier boxing matches
20 experience issues, problems, and difficulties with the equipment provided by the KAPPA SIGMA
21 DEFENDANTS.
22 82. The KAPPA SIGMA DEFENDANTS knew or should have known that several of
23 the boxers had experienced issues with the fit and/or performance of the head gear, boxing gloves,
24 or other equipment that was provided to them by the KAPPA SIGMA DEFENDANTS.
25 83. The equipment provided to NATHAN TYLER VALENCIA was unreasonably
26 inadequate and unsafe.
27 84. There was no licensed or qualified ringside physician or any other medical personnel
28 observing the Subject Boxing Match.

10
 1 85. There was no emergency medical personnel at the venue or on standby.
2 86. The KAPPA SIGMA DEFENDANTS did not advise or inform any local hospital or
3 emergency care facility of the event to alert such facilities of the potential need for emergency care.
4 87. A licensed and qualified referee was not provided for any of the boxing matches,
5 including the Subject Boxing Match.
6 88. Initially, the KAPPA SIGMA DEFENDANTS arranged for a licensed referee to
7 officiate the Subject Boxing Match.
8 89. At some time prior to the match, the licensed referee became unavailable.
9 90. When it became clear that a licensed referee could not be obtained for the event,
10 KAPPA SIGMA DEFENDANTS did not cancel the event.
11 91. Rather, the KAPPA SIGMA DEFENDANTS knowingly replaced the licensed
12 referee with an unlicensed referee, Defendant CHRISTOPHER EISENHAUER.
13 92. CHRISTOPHER EISENHAUER was the “referee” for the Subject Boxing Match.
14 93. CHRISTOPHER EISENHAUER had no experience, training, or education with
15 respect to being a boxing referee.
16 94. CHRISTOPHER EISENHAUER was not a competent or qualified boxing referee.
17 95. The KAPPA SIGMA DEFENDANTS knew that CHRISTOPHER EISENHAUER
18 had no education, training, or experience as a boxing referee.
19 96. The KAPPA SIGMA DEFENDANTS knew that CHRISTOPHER EISENHAUER
20 was not a competent or qualified boxing referee.
21 97. KAPPA SIGMA DEFENDANTS knew that CHRISTOPHER EISENHAUER was
22 not a licensed boxing referee.
23 98. CHRISTOPHER EISENHAUER continuously consumed alcohol throughout the
24 2021 Kappa Sigma Fight Night event up to and during the time of NATHAN’s match.
25 99. CHRISTOPHER EISENHAUER was intoxicated during the time of the Subject
26 Boxing Match.
27 100. The KAPPA SIGMA DEFENDANTS had actual knowledge that CHRISTOPHER
28 EISENHAUER had been drinking alcohol prior to the time of the Subject Boxing Match.

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 1 101. Despite knowing that CHRISTOPHER EISENHAUER was intoxicated and highly
2 impaired, the KAPPA SIGMA DEFENDANTS selected and had CHISTOPHER EISENHAUER
3 act as the “referee” of the Subject Boxing Match.
4 102. During the Subject Boxing Match, NATHAN TYLER VALENCIA suffered blows
5 to the head.
6 103. NATHAN TYLER VALENCIA suffered blows from an opponent whose hand wraps
7 had not be inspected by the KAPPA SIGMA DEFENDANTS or anyone acting on their behalf.
8 104. NATHAN TYLER VALENCIA suffered blows from an opponent who was wearing
9 unreasonably small boxing gloves.
10 105. NATHAN TYLER VALENCIA suffered blows while wearing inadequate and
11 improper safety equipment.
12 106. The KAPPA SIGMA DEFENDANTS and/or DOE Defendants knew, or should have
13 known, that a reasonable person would have implemented basic, minimum safety protocols when
14 holding an amateur boxing event, including:
15 a. Medical examinations of participants prior to selection for a match;
16 b. Medical examination at the time of pre-fight weigh-in;
17 c. Medical examination immediately prior to each fight;
18 d. Pre-fight drug testing;
19 e. Post-fight drug testing;
20 f. The provision of a licensed and qualified ringside physician to be present at all
21 times during each match;
22 g. The provision of a licensed and qualified referee to officiate each match;
23 h. The provision of a proper equipment, including:
24 i. Hand wraps;
25 ii. Boxing gloves;
26 iii. Head gear;
27 iv. Mouth piece; and,
28 v. Other safety equipment;

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 1 i. Safety checks relating to the participants’ handwraps;
2 j. Safety checks relating to the participants’ boxing gloves;
3 k. Safety checks relating to the participants’ head gear;
4 l. The provision of licensed and qualified emergency medical personnel to be
5 present and available at all times of the event;
6 m. Ready and available emergency medical transportation;
7 n. Communication, advisement, and warning to local emergency medical facility of
8 the event and the potential need for emergency care; and,
9 o. Any other reasonable and necessary safety measures meant to ensure and protect
10 the health and safety of all participants.
11 107. Despite knowing that failing to provide or implement basic, minimum safety
12 protocols would lead to serious bodily harm, the KAPPA SIGMA DEFENDANTS and/or DOE
13 Defendants failed to provide or implement any of the following basic, minimum safety protocols at
14 the 2021 Kappa Sigma Fight Night:
15 a. Medical examinations of participants prior to selection for a match;
16 b. Medical examination at the time of pre-fight weigh-in;
17 c. Medical examination immediately prior to each fight;
18 d. Pre-fight drug testing;
19 e. Post-fight drug testing;
20 f. The provision of a licensed and qualified ringside physician to be present at all
21 times during each match;
22 g. The provision of a licensed and qualified referee to officiate each match;
23 h. The provision of a proper equipment, including
24 i. Hand wraps;
25 ii. Boxing gloves;
26 iii. Head gear;
27 iv. Mouth piece; and,
28 v. Other safety equipment;

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 1 i. Safety checks relating to the participants’ handwraps;
2 j. Safety checks relating to the participants’ boxing gloves;
3 k. Safety checks relating to the participants’ head gear;
4 l. The provision of licensed and qualified emergency medical personnel to be
5 present and available at all times of the event;
6 m. Ready and available emergency medical transportation;
7 n. Communication, advisement, and warning to local emergency medical facility of
8 the event and the potential need for emergency care; and,
9 o. Any other reasonable and necessary safety measures meant to ensure and protect
10 the health and safety of all participants.
11 108. Due to the KAPPA SIGMA DEFENDANTS’ and/or DOE Defendants’ failure to
12 implement basic, minimum safety precautions, NATHAN TYLER VALENCIA suffered
13 unreasonable and unnecessary trauma which resulted in serious injury and death.
14 109. Unfotunately, NATHAN TYLER VALENCIA consciously experienced extreme
15 pain and suffering before succumbing to his injuries.
16 110. The Autopsy Report from the Clark County Coroner indicated NATHAN TYLER
17 VALENCIA sustained a left subdural hematoma.
18 111. Due to the left subdural hematoma, in an effort to save NATHAN TYLER
19 VALENCIA’s life, the medical care providers performed a craniotomy and neurosurgical evacuation
20 of the hematoma.
21 112. The blunt force head trauma caused cerebral edema which progressed to tentorial and
22 tonsillar herniation and ultimately brain death.
23 113. The Autopsy Report from the Clark County Coroner indicated that the cause of death
24 was the result of blunt force head trauma.
25 114. MICHAEL J. VALENCIA is the natural, biological father of NATHAN TYLER
26 VALENCIA.
27 115. Accordingly, MICHAEL J. VALENCIA is the legal heir of NATHAN TYLER
28 VALENCIA.

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 1 116. CYNTHIA D. VALENCIA is the natural, biological mother of NATHAN TYLER
2 VALENCIA.
3 117. Accordingly, CYNTHIA D. VALENCIA is the legal heir of NATHAN TYLER
4 VALENCIA.
5 118. From the time of his injuries until his death, NATHAN TYLER VALENCIA suffered
6 intense physical and mental pain, disfigurement, shock and agony, which is recoverable by Plaintiffs
7 in an amount in excess of FIFTEEN THOUSAND DOLLARS ($15,000).
8 119. As a proximate result of NATHAN TYLER VALENCIA’s death, MICHAEL J.
9 VALENCIA and CYNTHIA D. VALENCIA have been deprived of his support and the value of the
10 accumulations of his Estate had he lived his normal life expectancy in an amount according to proof
11 at trial.
12 120. Decedent, NATHAN TYLER VALENCIA, was a loving and devoted son, and by
13 reason of Defendants’ conduct, MICHAEL J. VALENCIA and CYNTHIA D. VALENCIA have
14 suffered, and will continue to suffer, extreme grief and sorrow and deprivation of his companionship,
15 society, comfort and consortium, all to their general damage in an amount in excess of FIFTEEN
16 THOUSAND DOLLARS ($15,000).
17 121. Pursuant to Nevada law, Defendants are liable to MICHAEL J. VALENCIA as
18 Special Administrator of the Estate of NATHAN TYLER VALENCIA, for all damages recoverable
19 under both NRS 41.100, Nevada’s survival statute, and NRS 41.085, Nevada’s wrongful death
20 statute.
21 ALLEGATIONS REGARDING AGENCY/RESPONDEAT SUPERIOR
22 122. At all times relevant hereto, the actions of KAPPA SIGMA NATIONAL (including
23 KAPPA SIGMA EXECUTIVES and DOE executives, commissioners, members, agents) and
24 KAPPA SIGMA UNLV demonstrate a principal-agent relationship between KAPPA SIGMA
25 NATIONAL and KAPPA SIGMA UNLV with KAPPA SIGMA UNLV exercising substantial
26 control over the day-to-day operations of KAPPA SIGMA UNLV.
27 123. At all times relevant hereto, KAPPA SIGMA NATIONAL regulated the day-to-day
28 conduct of KAPPA SIGMA UNLV by requiring KAPPA SIGMA UNLV to adhere to mandatory

15
 1 recruitment procedures, initiation procedures, risk management procedures, and numerous other
2 mandatory policies, practices, and procedures.
3 124. At all times relevant hereto, KAPPA SIGMA NATIONAL ensured compliance with
4 its mandatory policies through the use of regional or local advisors, DOE Defendants, who
5 monitored and controled the conduct of KAPPA SIGMA UNLV.
6 125. At all times relevant hereto, KAPPA SIGMA NATIONAL authorized KAPPA
7 SIGMA UNLV to act on its behalf.
8 126. At all times relevant hereto, KAPPA SIGMA NATIONAL acted with the actual
9 and/or apparent authority of KAPPA SIGMA NATIONAL.
10 127. At all times relevant hereto, KAPPA SIGMA UNLV’s conduct was for the benefit
11 of KAPPA SIGMA NATIONAL.
12 128. KAPPA SIGMA UNLV held the each and every Kappa Sigma Fight Night for the
13 benefit of KAPPA SIGMA NATIONAL.
14 129. Upon information and belief, members of KAPPA SIGMA UNLV pay membership
15 dues to KAPPA SIGMA NATIONAL.
16 130. Upon information and belief, the membership dues paid by KAPPA SIGMA UNLV
17 members are spent by KAPPA SIGMA NATIONAL for the benefit of KAPPA SIGMA
18 NATIONAL.
19 131. KAPPA SIGMA UNLV was the agent of KAPPA SIGMA NATIONAL.
20 ALTER EGO ALLEGATIONS
21 132. KAPPA SIGMA UNLV is influenced and governed by KAPPA SIGMA
22 NATIONAL.
23 133. There is a unity of interest and ownership such that KAPPA SIGMA UNLV and
24 KAPPA SIGMA NATIONAL are inseparable from one another.
25 134. KAPPA SIGMA UNLV has been operated in such a way that adherence to the
26 corporate fiction of a separate entity under the circumstances of this case would promote injustice
27 and fraud.
28 135. The corporate fiction of KAPPA SIGMA UNLV has been disregarded – due to the

16
 1 influence and control of KAPPA SIGMA NATIONAL – through undercapitalization, comingling
2 of funds, failure to observe corporate formalities, failure to insure, and through generally
3 undertaking actions meant to prevent KAPPA SIGMA UNLV from being able to satisfy any
4 judgments entered against it.
5 136. KAPPA SIGMA NATIONAL exercised control of KAPPA SIGMA UNLV in such
6 a way that KAPPA SIGMA NATIONAL is inseparable from the non-profit corporate fiction of
7 KAPPA SIGMA UNLV.
8 137. KAPPA SIGMA NATIONAL is the alter-ego of KAPPA SIGMA UNLV and vice
9 versa.
10 ALLEGATIONS REGARDING UNLV
11 138. NATHAN TYLER VALENCIA was a registered student at the University of
12 Nevada, Las Vegas.
13 139. There was a special relationship between UNLV and NATHAN TYLER
14 VALENCIA.
15 140. UNLV exercised control over the KAPPA SIGMA DEFENDANTS.
16 141. UNLV employs professional staff to monitor and assist the KAPPA SIGMA
17 DEFENDANTS.
18 142. At all times relevant to this matter, UNLV had a long-standing and well-established
19 UNLV Student Conduct Code (“the Code”) which governed the behavior of all UNLV students and
20 organizations, including KAPPA SIGMA UNLV.
21 143. The Code was administered by the UNLV’s Office of Student Conduct and DOE
22 Defendant(s).
23 144. Upon information and belief, the Code was “designed to enable the University to
24 protect against the conduct of those who, by their actions, impair or infringe on the rights of others
25 or interfere with the orderly operations of the University.”1
26 145. Upon information and belief, the Code “appl[ies] to conduct that occurs on the
27 premises of UNLV, at UNLV sponsored activities, and to off-campus conduct that adversely affects
28 1
UNLV Student Conduct Code, at 2, Section 1: General Provisions, I. Authority and Jurisdiction.

17
 1 the UNLV community and/or the pursuit of its objectives.”2
2 146. The Code prohibited “taking any action that creates a substantial risk that potentially
3 compromises the safety of an individual or the community.”3
4 147. The Code applied to the all matters relevant to this Complaint.
5 148. Upon information and belief, UNLV, or DOE Defendants had other long-standing,
6 well-established rules, codes, or regulations which UNLV was required to reasonably implement
7 and/or enforce which applied to all matters relevant to this Complaint.
8 149. UNLV has known of each and every Kappa Sigma Fight Night held by the KAPPA
9 SIGMA DEFENDANTS, including the 2021 Kappa Sigma Fight Night.
10 150. UNLV had prior knowledge of participants suffering serious injuries in prior Kappa
11 Sigma Fight Nights.
12 151. UNLV and DOE Defendant members of the UNLV Intrafraternity Council, Office of
13 Student Conduct, Office of Student Life, and/or other UNLV Offices/Programs/Councils knew that
14 the KAPPA SIGMA DEFENDANTS were planning to hold the 2021 Kappa Sigma Fight Night.
15 152. UNLV and DOE Defendant members of the UNLV Intrafraternity Council, Office of
16 Student Conduct, Office of Student Life, and/or other UNLV Offices/Programs/Councils assisted,
17 advised, or otherwise participated in the planning of the 2021 Kappa Sigma Fight Night.
18 153. UNLV and DOE Defendants, through varous UNLV regulatory councils, fraternity
19 and sorority coordinators, and/or its Office of Student Conduct, participated in the planning,
20 organizing, promoting, and handling of the 2021 Kappa Sigma Fight Night.
21 154. UNLV and DOE Defendant members of the UNLV Intrafraternity Council, Office of
22 Student Conduct, Office of Student Life, and/or other UNLV Offices/Programs/Councils approved,
23 monitored, managed, or otherwise exercised control over the Kappa Sigma Fight Night.
24 155. Prior to the event, on November 17, 2021, the KAPPA SIGMA DEFENDANTS held
25 a weigh-in ceremony and press conference on the University of Nevada, Las Vegas campus in the
26
2
27 UNLV Student Conduct Code, at 2, Section 1: General Provisions, I. Authority and Jurisdiction.
3
28 UNLV Student Conduct Code, at 6, Section 2: Student Rights and Responsibilities, III. Student
Responsibilities, Prohibited Conduct, L(4)

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 1 Student Union Ballroom.
2 156. UNLV had its own long-standing and well-established policies, procedures, and
3 regulations in place requiring UNLV and DOE Defendants to supervise, manage, oversee the
4 KAPPA SIGMA DEFENDANTS and the 2021 Kappa Sigma Fight Night.
5 157. UNLV knowingly placed participants at risk of serious bodily harm by failing to
6 reasonably enforce or implement policies, procedures, and regulations which would have prevented
7 the death of NATHAN TYLER VALENCIA.
8 FIRST CAUSE OF ACTION
NEGLIGENCE
9
(Against KAPPA SIGMA NATIONAL, KAPPA SIGMA EXECUTIVES,
10 KAPPA SIGMA UNLV, DOE Defendants)

11 158. Plaintiffs repeat and re-allege the allegations set forth in all preceding paragraphs and

12 incorporates the same as though fully set forth herein.

13 159. KAPPA SIGMA NATIONAL, KAPPA SIGMA EXECUTIVES, KAPPA SIGMA

14 UNLV, and DOE Defendants owed NATHAN TYLER VALENCIA and Plaintiffs a duty of care.
15 160. KAPPA SIGMA NATIONAL, KAPPA SIGMA EXECUTIVES, KAPPA SIGMA

16 UNLV, and DOE Defendants owed NATHAN TYLER VALENCIA and Plaintiffs a duty of care to
17 act as reasonable planners, organizers, promoters, managers, and controllers of the Subject Fight
18 Night and all events relating thereto and to otherwise act reasonably in all manners.
19 161. KAPPA SIGMA NATIONAL, KAPPA SIGMA EXECUTIVES, KAPPA SIGMA

20 UNLV, and DOE Defendants breached their duty of care.

21 162. KAPPA SIGMA NATIONAL and/or KAPPA SIGMA EXECUTIVES are direcly

22 and vicariously liable for the conduct of KAPPA SIGMA UNLV and DOE Defendants.
23 163. KAPPA SIGMA NATIONAL and/or KAPPA SIGMA EXECUTIVES are liable to

24 Plaintiffs as the alter ego of KAPPA SIGMA UNLV and DOE Defendants.
25 164. All DEFENDANTS, including UNLV and DOE Defendants, are jointly and severally

26 liable to Plaintiffs for the conduct of the KAPPA SIGMA DEFENDANTS, and each other, because
27 all DEFENDANTS were joint venturers or were engaged in a joint enterprise.
28 165. NATHAN TYLER VALENCIA’s injuries and death and Plaintiffs’ damages were

19
 1 directly and proximately caused by the aforementioned acts.
2 166. From the time of his injuries until his death, NATHAN TYLER VALENCIA suffered
3 intense physical and mental pain, disfigurement, shock and agony which is recoverable by Plaintiffs
4 in an amount in excess of FIFTEEN THOUSAND DOLLARS ($15,000).
5 167. As a proximate result of NATHAN TYLER VALENCIA’s death, MICHAEL
6 VALENCIA and CYNTHIA VALENCIA have been deprived of his support and the value of the
7 accumulations of his Estate had he lived his normal life expectancy in an amount according to proof
8 at trial.
9 168. Decedent NATHAN TYLER VALENCIA was a loving and devoted son, and by
10 reason of Defendants’ conduct, MICHAEL VALENCIA and CYNTHIA VALENCIA have
11 suffered, and will continue to suffer, extreme grief and sorrow and deprivation of his companionship,
12 society, comfort and consortium, all to their general damage in an amount in excess of FIFTEEN
13 THOUSAND DOLLARS ($15,000).
14 169. Pursuant to Nevada law, Defendants are liable to MICHAEL VALENCIA, as Special
15 Administrator of the Estate of NATHAN TYLER VALENCIA, for all damages recoverable under
16 under both NRS 41.100, Nevada’s survival statute, and NRS 41.085, Nevada’s wrongful death
17 statute.
18 170. The actions and/or omissions of Defendants were willful and/or wanton and
19 oppressive, in conscious disregard of the safety of others, and therefore, an award of punitive
20 damages is appropriate in an amount to be determined at trial.
21 171. Further, Plaintiffs are entitled to an award of reasonable attorneys’ fees and costs for
22 having to obtain counsel in this matter to protect their rights and prosecute this matter.
23 SECOND CAUSE OF ACTION
NEGLIGENCE
24 (Against UNLV and DOE Defendants)
25 172. Plaintiffs repeat and re-allege the allegations set forth in all preceding paragraphs and
26 incorporates the same as though fully set forth herein.
27 173. UNLV and DOE Defendants owed a duty of care to Plaintiffs and to the students of
28 the University of Nevada, Las Vegas, including NATHAN TYLER VALENCIA.

20
 1 174. UNLV and DOE Defendants had a duty to reasonably implement and enforce the
2 established codes, rules, and regulations of UNLV, and the State of Nevada and to otherwise act
3 reasonably in all manners.
4 175. UNLV and DOE Defendants had a duty to reasonably monitor, supervise, manage,
5 and otherwise control events involving Univeristy of Nevada, Las Vegas students, including the
6 2021 Kappa Sigma Fight Night and to otherwise act reasonably in all manners.
7 176. UNLV and DOE Defendants failed to exercise due care to protect NATHAN TYLER
8 VALENCIA from foreseeable harm.
9 177. UNLV and DOE Defendants breached their duty of care, by failing to act reasonably
10 in the operation and implementation of UNLV’s established codes, rules, and regulatons, among
11 other things.
12 178. UNLV and DOE Defendants’ breach constituted negligence which resulted in the
13 NATHAN TYLER VALENCIA’s injuries and death as well as Plaintiffs’ injuries and damages.
14 179. NATHAN TYLER VALENCIA’s injuries and death and Plaintiffs’ damages were
15 directly and proximately caused by the aforementioned acts.
16 180. All DEFENDANTS, including UNLV and DOE Defendants, are jointly and severally
17 liable to Plaintiffs for the conduct of the KAPPA SIGMA DEFENDANTS, and each other, because
18 all DEFENDANTS were joint venturers or were engaged in a joint enterprise.
19 181. From the time of his injuries until his death, NATHAN TYLER VALENCIA suffered
20 intense physical and mental pain, disfigurement, shock and agony which is recoverable by Plaintiffs
21 in an amount in excess of FIFTEEN THOUSAND DOLLARS ($15,000).
22 182. As a proximate result of NATHAN TYLER VALENCIA’s death, MICHAEL
23 VALENCIA and CYNTHIA VALENCIA have been deprived of his support and the value of the
24 accumulations of his Estate had he lived his normal life expectancy in an amount according to proof
25 at trial.
26 183. Decedent NATHAN TYLER VALENCIA was a loving and devoted son, and by
27 reason of Defendants’ conduct, MICHAEL VALENCIA and CYNTHIA VALENCIA have
28 suffered, and will continue to suffer, extreme grief and sorrow and deprivation of his companionship,

21
 1 society, comfort and consortium, all to their general damage in an amount in excess of FIFTEEN
2 THOUSAND DOLLARS ($15,000).
3 184. Pursuant to Nevada law, Defendants are liable to MICHAEL VALENCIA, as Special
4 Administrator of the Estate of NATHAN TYLER VALENCIA, for all damages recoverable under
5 under both NRS 41.100, Nevada’s survival statute, and NRS 41.085, Nevada’s wrongful death
6 statute.
7 185. The actions and/or omissions of Defendants were willful and/or wanton and
8 oppressive, in conscious disregard of the safety of others, and therefore, an award of punitive
9 damages is appropriate in an amount to be determined at trial.
10 186. Further, Plaintiffs are entitled to an award of reasonable attorneys’ fees and costs for
11 having to obtain counsel in this matter to protect their rights and prosecute this matter.
12 THIRD CAUSE OF ACTION
NEGLIGENCE
13 (Against SAHARA EVENTS CENTER and DOE Defendants)
14 187. Plaintiffs repeat and re-allege the allegations set forth in all preceding paragraphs and

15 incorporates the same as though fully set forth herein.

16 188. SAHARA EVENTS CENTER had a duty of care to the general public, and

17 specifically to NATHAN TYLER VALENCIA and Plaintiffs, to act as a reasonable business entity
18 conducting business in Clark County, Nevada.
19 189. SAHARA EVENTS CENTER had notice or knowledge of prior injuries occurring

20 during prior Kappa Sigma Fight Nights held at the SAHARA EVENTS CENTER.
21 190. SAHARA EVENTS CENTER knew that the KAPPA SIGMA DEFENDANTS were

22 unqualified, untrained, inexperienced, and unlicensed in boxing promotion and event planning.
23 191. The Kappa Sigma Fight Night was a known hazardous and dangerous event to the

24 SAHARA EVENTS CENTER.

25 192. SAHARA EVENTS CENTER breached its duty to NATHAN TYLER VALENCIA

26 and Plaintiffs by failing to ensure that the Subject Property would be used in a reasonably safe
27 manner.
28 193. Nonetheless, SAHARA EVENTS CENTER breached its duty of care by negligently,

22
 1 knowingly, or recklessly having inadequate and unreasonable policies, procedures, and practices
2 related to the implementation of its business arrangements with the KAPPA SIGMA
3 DEFENDANTS.
4 194. SAHARA EVENTS CENTER breached its duty of care to Plaintiffs by failing to act
5 reasonably and prudently in its relationship with the KAPPA SIGMA DEFENDANTS despite its
6 knowledge of the likelihood of harm to persons like NATHAN TYLER VALENCIA.
7 195. SAHARA EVENTS CENTER breached its duties to NATHAN TYLER
8 VALENCIA and Plaintiffs, and such breach constituted negligence which resulted in the NATHAN
9 TYLER VALENCIA’s injuries and death as well as Plaintiffs’ injuries and damages.
10 196. NATHAN TYLER VALENCIA’s injuries and death and Plaintiffs’ damages were
11 directly and proximately caused by the aforementioned acts.
12 197. All DEFENDANTS, including SAHARA EVENTS CENTER, are jointly and
13 severally liable to Plaintiffs for the conduct of the KAPPA SIGMA DEFENDANTS, and each other,
14 because all DEFENDANTS were joint venturers or were engaged in a joint enterprise.
15 198. From the time of his injuries until his death, NATHAN TYLER VALENCIA suffered
16 intense physical and mental pain, disfigurement, shock and agony which is recoverable by Plaintiffs
17 in an amount in excess of FIFTEEN THOUSAND DOLLARS ($15,000).
18 199. As a proximate result of NATHAN TYLER VALENCIA’s death, MICHAEL
19 VALENCIA and CYNTHIA VALENCIA have been deprived of his support and the value of the
20 accumulations of his Estate had he lived his normal life expectancy in an amount according to proof
21 at trial.
22 200. Decedent NATHAN TYLER VALENCIA was a loving and devoted son, and by
23 reason of Defendants’ conduct, MICHAEL VALENCIA and CYNTHIA VALENCIA have
24 suffered, and will continue to suffer, extreme grief and sorrow and deprivation of his companionship,
25 society, comfort and consortium, all to their general damage in an amount in excess of FIFTEEN
26 THOUSAND DOLLARS ($15,000).
27 201. Pursuant to Nevada law, Defendants are liable to MICHAEL VALENCIA, as Special
28 Administrator of the Estate of NATHAN TYLER VALENCIA, for all damages recoverable under

23
 1 under both NRS 41.100, Nevada’s survival statute, and NRS 41.085, Nevada’s wrongful death
2 statute.
3 202. The actions and/or omissions of Defendants were willful and/or wanton and
4 oppressive, in conscious disregard of the safety of others, and therefore, an award of punitive
5 damages is appropriate in an amount to be determined at trial.
6 203. Further, Plaintiffs are entitled to an award of reasonable attorneys’ fees and costs for
7 having to obtain counsel in this matter to protect their rights and prosecute this matter.
8 FOURTH CAUSE OF ACTION
NEGLIGENCE
9
(Against CHRISTOPHER EISENHAUER)
10 204. Plaintiffs repeat and re-allege the allegations set forth in all preceding paragraphs and
11 incorporates the same as though fully set forth herein.
12 205. CHRISTOPHER EISENHAUER owed NATHAN TYLER VALENCIA and
13 Plaintiffs a duty of care.
14 206. CHRISTOPHER EISENHAUER unterook a duty to NATHAN TYLER VALENCIA
15 to act as a reasonable and competent referee of the Subject Boxing Match.
16 207. CHRISTOPHER EISENHAUER knowingly assumed a duty of care by agreeing to
17 officiate the Subject Boxing Match.
18 208. CHRISTOPHER EISENHAUER breached his duty of care by failing to meet the
19 standard of care of a competent, qualified, and reasonable referee and otherwise act reasonably in
20 performance of his duties as a referee.
21 209. CHRISTOPHER EISENHAUER knowingly placed NATHAN TYLER VALENCIA
22 at risk of serious bodily harm by consuming alcohol before and during the Subjet Boxing Match.
23 210. CHRISTOPHER EISENHAUER’s breach of the duty of care was an actual and
24 proximate cause of NATHAN TYLER VALENCIA’s injuries and Plaintiffs’ damages.
25 211. From the time of his injuries until his death, NATHAN TYLER VALENCIA suffered
26 intense physical and mental pain, disfigurement, shock and agony which is recoverable by Plaintiffs
27 in an amount in excess of FIFTEEN THOUSAND DOLLARS ($15,000).
28 212. As a proximate result of NATHAN TYLER VALENCIA’s death, MICHAEL

24
 1 VALENCIA and CYNTHIA VALENCIA have been deprived of his support and the value of the
2 accumulations of his Estate had he lived his normal life expectancy in an amount according to proof
3 at trial.
4 213. Decedent NATHAN TYLER VALENCIA was a loving and devoted son, and by
5 reason of Defendants’ conduct, MICHAEL VALENCIA and CYNTHIA VALENCIA have
6 suffered, and will continue to suffer, extreme grief and sorrow and deprivation of his companionship,
7 society, comfort and consortium, all to their general damage in an amount in excess of FIFTEEN
8 THOUSAND DOLLARS ($15,000).
9 214. Pursuant to Nevada law, Defendants are liable to MICHAEL VALENCIA, as Special
10 Administrator of the Estate of NATHAN TYLER VALENCIA, for all damages recoverable under
11 both NRS 41.100, Nevada’s survival statute, and NRS 41.085, Nevada’s wrongful death statute.
12 215. The actions and/or omissions of Defendants were willful and/or wanton and
13 oppressive, in conscious disregard of the rights and safety of others, and therefore, an award of
14 punitive damages is appropriate in an amount to be determined at trial.
15 216. Further, Plaintiffs are entitled to an award of reasonable attorneys’ fees and costs for
16 having to obtain counsel in this matter to protect their rights and prosecute this matter.
17 FIFTH CAUSE OF ACTION
NEGLIGENT HIRING, TRAINING, SUPERVISION, AND RETENTION
18 (Against All Named Defendants and DOE Defendants)
19 217. Plaintiffs repeat and re-allege the allegations set forth in all preceding paragraphs and

20 incorporates the same as though fully set forth herein.

21 218. The DOE Defendants and the members, employees, staff, officers, and executives of

22 the KAPPA SIGMA DEFENDANTS, UNLV, SAHARA EVENTS CENTER, and DOE Defendants
23 were not fit for their respective positions in relation to the events surrounding the 2021 Kappa Sigma
24 Fight Night.
25 219. Defendants owed a duty of reasonable care to reasonably investigate, hire, supervise,

26 retain, and train their employees.

27 220. Defendants knew, should have known, or negligently failed to learn that DOE

28 Defendants and the members, employees, staff, officers, and executives were unfit for the position

25
 1 for which they were hired.
2 221. Defendants breached their duty by hiring and failing to reasonably investigate,
3 supervise, retain, and train their employees or agents to plan, promote, monitor, or control the 2021
4 Kappa Sigma Fight Night.
5 222. Defendants failed to employ reasonable and necessary policies and procedures to
6 prevent the Subject Incident.
7 223. As a result of Defendants’ unreasonable hiring and subsequent failure to reasonably
8 train, supervise, and retain their employees, Defendants placed their agents in position for which
9 they were unfit and/or inadequately trained and which they should not have held.
10 224. From the time of his injuries until his death, NATHAN TYLER VALENCIA suffered
11 intense physical and mental pain, disfigurement, shock and agony which is recoverable by Plaintiffs
12 in an amount in excess of FIFTEEN THOUSAND DOLLARS ($15,000).
13 225. As a proximate result of NATHAN TYLER VALENCIA’s death, MICHAEL
14 VALENCIA and CYNTHIA VALENCIA have been deprived of his support and the value of the
15 accumulations of his Estate had he lived his normal life expectancy in an amount according to proof
16 at trial.
17 226. Decedent NATHAN TYLER VALENCIA was a loving and devoted son, and by
18 reason of Defendants’ conduct, MICHAEL VALENCIA and CYNTHIA VALENCIA have
19 suffered, and will continue to suffer, extreme grief and sorrow and deprivation of his companionship,
20 society, comfort and consortium, all to their general damage in an amount in excess of FIFTEEN
21 THOUSAND DOLLARS ($15,000).
22 227. Pursuant to Nevada law, Defendants are liable to MICHAEL VALENCIA, as Special
23 Administrator of the Estate of NATHAN TYLER VALENCIA, for all damages recoverable under
24 under both NRS 41.100, Nevada’s survival statute, and NRS 41.085, Nevada’s wrongful death
25 statute.
26 228. The actions and/or omissions of Defendants were willful and/or wanton and
27 oppressive, in conscious disregard of the safety of others, and therefore, an award of punitive
28 damages is appropriate in an amount to be determined at trial.

26
 1 229. Further, Plaintiffs are entitled to an award of reasonable attorneys’ fees and costs for
2 having to obtain counsel in this matter to protect their rights and prosecute this matter.
3 SIXTH CAUSE OF ACTION
WRONGFUL DEATH OF NATHAN TYLER VALENCIA
4 (Against All Defendants including All DOE Defendants)
5 230. Plaintiffs repeat and re-allege the allegations set forth in all preceding paragraphs and

6 incorporates the same as though fully set forth herein.

7 231. The actions, or inactions, of Defendants, and each of them alleged herein above,

8 resulted in the death of NATHAN TYLER VALENCIA.

9 232. As a direct and proximate cause of Defendants’ conduct, and each of them, decedent

10 NATHAN TYLER VALENCIA suffered disfigurement and extreme pain and suffering prior to his
11 death, in an amount in excess of $15,000.
12 233. Pursuant to NRS 41.085, MICHAEL VALENCIA and CYNTHIA VALENCIA, as

13 heirs to the Estate of NATHAN TYLER VALENCIA, are entitled to recover special damages for
14 the pain, suffering, and disfigurement of Decedent NATHAN TYLER VALENCIA.
15 234. As a direct and proximate result of Defendants’ conduct, MICHAEL VALENCIA

16 and CYNTHIA VALENCIA suffered, and will continue to suffer, grief, sorrow, loss of probable
17 support, society, and comfort in an amount in excess of $15,000.
18 235. Defendants are liable to MICHAEL VALENCIA, as Special Administrator of the

19 Estate of NATHAN TYLER VALENCIA, for all damages NRS 41.085.

20 236. Plaintiffs’ damages are directly and proximately caused by the aforementioned acts

21 in excess of $15,000.
22 237. The actions and/or omissions of Defendants were willful and/or wanton and

23 oppressive, in conscious disregard of the safety of others, and therefore, an award of punitive
24 damages is appropriate in an amount to be determined at trial.
25 238. Further, Plaintiffs are entitled to an award of reasonable attorneys’ fees and costs for

26 having to obtain counsel in this matter to protect her rights and prosecute this matter.
27 PRAYER FOR RELIEF

28 WHEREFORE, Plaintiffs pray for judgment against Defendants, and each of them, jointly

27
 1 and severally, as set forth below:
2 1. For past and future general damages, as set forth hereinabove, in an amount in excess
3 of $15,000;
4 2. For past and future special damages, as set forth hereinabove, in an amount in excess
5 of $15,000;
6 3. For punitive damages in an amount in excess of $15,000;
7 4. For all attorney fees, costs incurred and interest;
8 5. For pre-judgment and post-judgment interest;
9 6. For costs of litigation; and,
10 7. For such other and further relief as the Court deems just and proper.
11 DEMAND FOR JURY TRIAL
12 Plaintiffs hereby demand a trial by jury on all issues so triable.
13 DATED THIS 14th day of February, 2022.
14 RICHARD HARRIS LAW FIRM
/s/ Benjamin P. Cloward
15 BENJAMIN P. CLOWARD, ESQ.
16 Nevada Bar No. 11087
IAN C. ESTRADA, ESQ.
17 Nevada Bar No. 12575
LANDON D. LITTLEFIELD, ESQ.
18 Nevada Bar No. 15268
19 801 South Fourth Street
Las Vegas, Nevada 89101
20 Attorneys for Plaintiffs
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