2/21/2007
Robinson v. Bally’s Park Place
Christopher C. Mauro recently secured a directed verdict in Supreme Court, Kings County. In Robinson, the plaintiff alleged that she was caused to trip and fall due to a bubble or hump in the carpeting in the lobby of the casino. Notably, there was surveillance tape which captured the plaintiff’s trip and fall and the plaintiff produced an eyewitness who testified that she too saw a bump or hump in the carpeting. Plaintiff did concede on cross-examination that she was unaware as to how long this hump existed or of anybody who complained about a problem with the carpeting to Bally’s before the accident. At the end of the plaintiff’s case, Mr. Mauro successfully convinced Judge Ira Harkavay that plaintiff had not made out a prima facie case of negligence as she did not put forth any evidence of actual or constructive notice. In his ruling, Judge Harkavay indicated that he was not even certain if there was a dangerous condition and that it was clear from the testimony that there was no actual or constructive notice.