Defense Verdict–Middlesex County Superior Court

6/18/2008
Ecker and Fulloon v. Harrah’s Casino Hotel Atlantic City
In Ecker and Fulloon v. Harrah’s Casino Hotel Atlantic City, the two elderly plaintiffs were entering their hotel room when they were tied up and robbed at knife point by an unknown assailant. The assailant then fled and escaped from the casino by way of the jitney. As a result, the plaintiffs allegedly sustained post traumatic stress disorder for which they were still treateing. Plaintiffs claimed that Harrah’s was negligent in their security in not having any guards stationed at the elevator hotel towers; not having any patrols in the hotel towers; and not actively monitoring their surveillance system. Moreover, plaintiff produced evidence that there had been four other robberies of a similar nature throughout the casinos in Atlantic City and that Harrah’s knew of these prior robberies.

Christopher Mauro successfully argued that although there were prior robberies, they took place on the Boardwalk section of Atlantic City as opposed to the Marina section. Moreover, he elicited the testimony of an Atlantic City Police Detective that there was significantly less crime in the Marina District as opposed to the Boardwalk District of Atlantic City. He also argued that Harrah’s security was reasonable under the circumstances as there were over 24 security officers working at the time of the incident and at least one of the officers would have patrolled the hotel towers. Mr. Mauro was also successful in barring the testimony of plaintiff’s proposed security expert as a net opinion.

After a ten day trial, the jury unanimously returned a verdict in the defendant’s favor.