DEFENSE VERDICT – WESTCHESTER COUNTY

Joseph and Harriet Steinberg v. Harrah’s Resort Atlantic City:

On January 17, 2014, at 7:46 p.m., the 90 year old plaintiff was entering Harrah’s Atlantic City through the revolving door at the incoming valet while using a walker. As he was exiting the door, the door struck the bottom leg of his walker and caused him to fall down on the ground. As a result of his fall, plaintiff sustained a significant hip fracture and had to undergo surgery with lengthy impatient rehabilitation. Several years after his fall, plaintiff passed away due to unrelated medical complications.

Following lengthy discovery and motions practice, a jury trial was held over the course of four days. In support of plaintiff’s liability case, plaintiff retained an expert to opine that the sensors in the subject revolving door did not adequately function to stop the door from striking the elderly plaintiff as he walked through it with his walker. In defense of Harrah’s, we argued that plaintiff could not prove that Harrah’s was on notice of any issues with the revolving door or the sensors not functioning as they should have on the day of plaintiff’s accident.

The jury deliberated as to liability and found that any negligence on the part of Harrah’s as to the maintenance of the revolving door was not a proximate cause of plaintiff’s accident. After the jury came back with a defense verdict as to our clients, plaintiff filed a motion to set aside the verdict. After hearing oral argument, Judge Everett agreed with our position that Harrah’s negligence could have been found not to be a substantial factor in causing the plaintiff’s accident and that the jury’s verdict was not against the weight of the evidence.

Christopher C. Mauro handled the matter from its inception to trial, including all post-trial motions.