The family of a man who died in an accident at the Excalibur hotel and casino have filed a wrongful death lawsuit against the property.

Paul Nakashima, 60, died a day after slipping and hitting his head on the side of the hotel pool on June 15, 2023, where he was celebrating his birthday with his family.

His family members have filed a lawsuit in Clark County District Court, claiming negligence, negligent infliction of emotional distress, negligent training and supervision, and wrongful death.

lifeguards are alleged to have responded to the incident without following emergency protocols

According to the lawsuit, the pool area was not properly maintained to minimize accidents, with conditions such as slippery steps increasing the risk of danger. In addition, members of Excalibur staff such as lifeguards are alleged to have responded to the incident without following emergency protocols or providing appropriate medical care due to a lack of training.

The family also claims that key medical equipment, such as an automated external defibrillator, was unavailable and had to be retrieved from other locations, increasing vital response time.

Lastly, the family has also filed for negligent infliction of emotional stress due to the trauma of witnessing the tragic incident, as well as wrongful death over the impact of Nakashima’s loss. The family seeks $15,000 in compensation, plus legal fees and other costs.

Neither Excalibur nor its parent company, MGM Resorts International, has so far commented on the case.