Summary Judgment-Burlington County Superior Court
3/28/2011
Diane Rykiel v. Atlantic City Showboat, Inc.
In Rykiel, plaintiff tripped and fell while walking in the House of Blues Courtyard in Showboat Casino. She claimed she fell due to an unmarked change of elevation between the ceramic floor and slate floor. As a result of her fall, plaintiff sustained a tear of her Achilles tendon requiring surgery. Plaintiff’s doctors confirmed she was permanently disabled and can not return to work.
At the close of discovery, Reena Shah moved for summary judgment arguing that plaintiff could not prove that Showboat was negligent without an expert to opine that the elevation of the dlooring was dangerous, unsafe, or in violation of building codes. Judge John Harrington agreed and granted Ms. Shah’s motion.