MSZL&M Secures Defense Verdict in Casino Premises Liability Case
DELAWARE COUNTY, Pennsylvania (April, 2017) – Mintzer Sarowitz Zeris Ledva & Meyers LLP (MSZL&M) recently obtained a defense verdict in a premises liability case involving a casino, the results of which were published in Zarin’s Jury Verdict Review & Analysis. The case was tried by MSZL&M’s civil trial attorney Lawrence M. Kelly in the Court of Common Pleas of Delaware County, PA.
The plaintiff, a casino patron, argued that the slippery condition of the defendant’s casino floor caused her to slip and fall, ultimately leading to cervical herniation and fusion surgery.
While leaving the casino, the plaintiff contended that she slipped and fell while stepping from a carpeted area to a terrazzo floor that was excessively buffed. In support of her argument, the plaintiff related that upon entering the casino approximately 90 minutes earlier, she noticed the floors were being buffed. The plaintiff maintained that after the fall, she realized the floor was very shiny and claimed they were slippery due to the buffing. The plaintiff maintains she suffered a cervical herniation that was confirmed by MRI testing, and which will cause permanent symptoms despite fusion surgery. The plaintiff made no income claims.
The defendant denied that the floor was slippery, arguing the incident resulted from the plaintiff’s own negligence due to the fact she tripped over her own feet. The incident was captured on the defendant’s video system, which was played before the jury, asserting the defendant’s position.
The plaintiff’s request for an Adverse Inference jury charge because the video of the alleged buffing was not preserved was denied by the judge. The jury found no negligence against the defendant and returned a verdict in favor of the defense.