(CN) - A Las Vegas judge on Thursday refused to dismiss negligence and wrongful death claims against a property owner whose building was the site of a deadly teen brawl.

Jonathan Lewis died six days after being attacked by a group of nine teenagers after leaving Rancho High School in November 2023. The fatal beating was captured on video, and all of the teenagers were arrested and charged.

In April, Lewis' mother, Mellisa Ready, sued the school district and Sandra Corona, the owner of a multi-unit, gated apartment complex directly across the street from the high school.

According to Ready, Corona's property was a "known gathering spot for students, and prior incidents of fighting and criminal activity had occurred in the same vicinity," she wrote in the complaint. Yet, Corona didn't take any action to prevent foreseeable harm to minors, Ready claims. 

The attack occurred in a parking lot alley behind the buildings.

Before Clark County Eighth District Judge Timothy Williams, Corona accused the mother of having conceded that the responsibility for the attack fell to the teenagers. 

"Defense takes the position that there have been certain judicial admissions made in the complaint with the material facts of the case," argued Michael Lin, the attorney representing Corona, "specifically that Mr. Lewis' unfortunate passing was due to the assailants and severe beating he received."

Corona argued that, under state law regarding trespasser liability, a property owner has no independent duty to advise of dangerous conditions or potential dangers to other people. 

Ready, however, rejected the argument that she had made any judicial admissions conceding that Corona was free from responsibility.

"Nowhere in the complaint have plaintiffs alleged defendant Corona did not owe a duty," argued Richard Young, attorney representing Ready. "Right off the bat, there's no admission that the defendant is not responsible for this incident."

For Corona's argument to be correct, no two defendants could ever be held responsible for the same incident, Young argued. Further, he argued there was no evidence that anyone involved in the attack was a trespasser as defined by state statute. 

"This has been a known congregating spot for years where kids access through open gates that the owner leaves open and that the owner has done nothing to stop the crime that takes place on her property - that's implied consent," Young said.

Williams pressed the attorney about the factual findings supporting that argument, noting that the first thing he would have done would have been to have an expert create a crime report for the area. 

The judge noted that the outcome will hinge on how the teens are legally classified, as licensees, invitees or trespassers.

"That's really what it's going to come down to as far as this case is concerned," Williams said. 

Williams denied Corona's motion to dismiss, concluding that the case needs to be developed factually to answer the questions he raised. He also noted that for a case of this nature - one that is likely to be appealed - "I want to get it right."

According to investigators, the fatal attack was sparked over a pair of stolen headphones and a vape pen. Lewis' friends reported that the teenager was trying to help a smaller student who was being bullied, while criminal defense attorneys accused Lewis of instigating the fight. 

Surveillance and cellphone footage show Lewis appearing to throw the first punch while a crowd of teenagers swarmed him, attacking him for around 30 seconds before leaving him on the ground.

In August, four of the nine teenagers charged with attacking Lewis agreed to plead guilty to voluntary manslaughter in juvenile court to avoid facing second-degree murder charges in adult court. 

Ready has also accused the school district of failing to supervise the teenagers after school, failing to investigate or respond to reports of violence and failing to secure after-school hangout areas. According to Ready, the teenagers were known to administrators and had "prior aggressive or violent behavior."

Source: Courthouse News Service