5/19/2010
Ludwiczak v. Showboat Casino
The plaintiff, an 86 year old World War II veteran, was at the Bus Depot at Showboat Casino waiting on line for a bus to go back home. An unknown male cut the line and the plaintiff confronted him. The unknown male pushed the plaintiff to the ground and ran away. As a result, plaintiff sustained a fractured hip and lower back problems which required numerous hospitalizations.

Plaintiff sued Showboat Casino claiming they were negligent in its security which is what caused the assault and battery. At trial in Union County Superior Court before Judge Kathryn Brock, Christopher Mauro successfully moved to bar plaintiff’s security expert arguing that his opinion was not based upon facts or statistics but pure speculation. After the expert was barred, Christopher then moved for an involuntary dismissal arguing that without an expert plaintiff could not prove that the act of the unknown patron was foreseeale and even if it was foreseeable, there was no proof that Showboat’s security which did patrol the Bus Depot was not reasonable under the circumstances. Judge Brock agreed and dismissed the case.