Summary Judgment-Ocean County Superior Court
3/4/2011
Dorothy Lynch v. Atlantic City Showboat, Inc.
In Lynch, plaintiff tripped and fell on the marble floor in the lobby of Showboat Casino. She claimed that the marble was inherently sticky due to the use of a non skid product placed on the floor by the casino. As a result of her fall, plaintiff sustained a fractured right shoulder and underwent a partial shoulder replacement.
At the close of discovery, Phillip Odett moved for summary judgment arguing that plaintiff could not prove that there was a dangerous condition as she had not retained an expert to opine as to the stickiness of the floor nor was there any evidence that Showboat cleaned the floor or treated the floor in an improper way. Judge Rochelle Gizinski agreed and granted Mr. Odett’s motion.