Lawyer says Harveys lawsuit should be dismissed |

Lawyer says Harveys lawsuit should be dismissed

staff reports

A lawyer for Harvey’s Tahoe says a lawsuit brought by a former manager should be arbitrated or dismissed.

In a reply to a lawsuit filed by former general manager and senior vice president Kevin Servatius, attorney Richard Glasson also asserts Servatius was responsible for some of the damages he claimed occurred.

Servatius filed the suit in September in Douglas District Court, naming Harveys Casino Resorts and a subsidiary, Harveys Tahoe Management Co. He claimed he was wrongfully terminated and his contract was breached by a change in the company’s management structure. He accused Harveys of bad faith and said he lost retirement benefits and investment income after being denied time to review stock options and other agreements before signing them in February.

Servatius said the claims are based on a five-year contract he signed in 1995, when he joined the company. He left in March.

In the Harveys reply, Glasson wrote that Servatius hasn’t made a valid claim and the incidents he cites “were caused or contributed to by (Servatius’) own negligence.”

“The plaintiff had full knowledge of all existing risks and voluntarily, knowingly and expressly consented to and assumed all said risks, and any and all injuries and/or damages resulting therefrom,” the reply says.

Glasson also contends a third party caused some of the circumstances Servatius cited, and claims that Servatius breached any contract between the two before Harveys did.

He concludes by citing a previous agreement between the parties to seek arbitration in the event of differences and says the court case should be delayed or dismissed pending arbitration.

No court dates have been set.