12/4/2006
Tomeo v. Marina Associates
In Tomeo, plaintiff tripped and fell on an alleged defect in the sidewalk in front of Harrah’s Casino in Atlantic City. As a result, plaintiff suffered a rotator cuff tear, a torn ligament in her left foot, a herniated disc with compression at C4-5, and an ACL tear of the left knee.

At the mandatory non-binding arbitration at the close of discovery, Susan Slim successfully argued that there was no defect and that the cause of the fall was that plaintiff was wearing high healed shoes. Accordingly, the arbitrators ruled in Harrah’s favor and awarded no damages to plaintiff. Ms. Slim thereafter petitioned the Court for an Order confirming the arbitration award. The Court agreed and subsequently dismissed all pending claims against Harrah’s with prejudice.