11/6/2007
Bass v. The Borgata Hotel Casino & Spa
In Bass v. The Borgata Hotel Casino & Spa, the plaintiff claimed to have fallen from an ottoman on wheels that she attempted to step over while in the Mixx nightclub. Plaintiff argued that the Borgata was negligent in allowing an ottoman on wheels in its nightclub when it was reasonably foreseeable that plaintiff would need to step over such things due to the crowded nature of the club. As a result of her fall, plaintiff suffered a fractured ankle and had significant limitations to this day. Christopher Mauro argued that the ottoman was not a dangerous condition and in fact, the plaintiff was the sole cause of the accident as she should not have stepped on top of the ottoman to get around the crowd but should have waited to walk on the floor. After a two day trial, the jury unanimously returned a verdict in the defendant’s favor.