Robert Rhodes Wins Premises Liability Case for Casino at Trial

FLB Law Partner Robert Rhodes won a premises liability case at trial before the Gaming Disputes Trial Court on behalf of his client, the Mohegan Tribal Gaming Authority (Mohegan Sun Casino). The plaintiff, a woman in her late 40s who worked as a paralegal, filed suit against the casino after she slipped and fell on a clear slippery substance near the hotel lobby, and broke her left knee. The break required surgery that included the insertion of a small plate and screws. The plaintiff testified that she still had pain in her knee, had difficulty walking for long periods of time and had difficulty climbing and descending stairs. She also testified that she intended to have a second surgery to remove the hardware in her knee.

During testimony, the plaintiff asserted that the slippery substance had been on the floor for at least 20 minutes, creating a hazardous situation of which the casino should have been aware and removed. However, using the casino’s surveillance video, the defense demonstrated that it was impossible to determine how long the substance had been on the floor due to the fact that approximately 100 individuals had walked through the vicinity of the fall during the 20-minute time period prior to the incident without any indication that there was anything on the floor.  Further, in the moments leading up to the fall, several individuals can be seen carrying bottles or cups, which could have been the source of the fall.  The court also noted that because the substance was clear, the employees of the Mohegan Sun could not have seen it.   

With more than $40,000 in medical bills, the plaintiff's settlement demand was $130,000, but the casino offered nothing. After one day of trial at which the plaintiff and her sister both testified, post-trial briefs were filed by both parties, and the trial court decided in favor of the defense.  This is one of 10 recent trial wins that Bob has won on behalf of the casino.