4/1/2010
Abdalla v. Bally’s Park Place, Inc.
In Abdalla, the plaintiff slipped on a wet surface in the spa/pool area of Bally’s Casino in Atlantic City. As a result of the accident, the plaintiff sustained an ankle fracture with complications. After plaintiff exchanged his bill of particulars but prior to depositions, Eric Malinowski successfully moved for summary judgment, arguing that Bally’s did not have actual or constructive notice of this wet condition. He cited to plaintiff’s bill of particulars which made no mention of how Bally’s had notice of the wet condition. The trial court agreed and dismissed the case against Bally’s.