1/7/2011
Klein v. Bally’s Park Place Casino
In Klein, plaintiff alleged that he tripped and fell over a raised metal molding while walking at Bally’s Casino. As a result of his fall, plaintiff alleged that he sustained a closed head injury and an injury to his hip. He now suffers from vertigo and needs a walker to ambulate.

At the close of discovery, Reena Shah moved for summary judgment on the basis that plaintiff could not prove that a defect or dangerous condition existed on the premises. Specifically, Ms. Shah argued that plaintiff could not refute Bally’s investigation that the area where he fell was clean, dry and free of defects or debris. In opposition, plaintiff argued that the area appeared to have been repaired after the accident and that Bally’s should have known of this dangerous condition through reasonable inspection of the premises. After lengthy oral argument, Judge Peterson agreed with Ms. Shah’s position and granted Bally’s motion for summary judgment.