Dreyer v. Atlantic City Showboat, Inc.
In Dreyer v. Showboat Atlantic City, plaintiff alleged he slipped and fell on a wet condition in the men’s bathroom at Showboat Atlantic City. As a result, plaintiff suffered significant lower back injuries which resulted in a lumbar discectomy. Plaintiff argued a drain which was placed in the middle of the bathroom floor created the slippery condition and thereby caused him to fall. Additionally, plaintiff argued that Showboat was liable under the mode of operation doctrine. Eric S. Malinowski successfully argued that Showboat was not negligent as there was no evidence to suggest the placement of the drain was defective. Additionally, Mr. Malinowski argued that the mode of operation doctrine has not been extended beyond cafeteria and other self service areas. Judge Marc Baldwin granted Showboat’s summary judgment motion and dismissed plaintiff’s complaint with prejudice.