6/8/18 Timo v. Bally’s Atlantic City.
In Timo, plaintiff alleged he slipped and fell while dancing at the Wild Wild West Bar located within Bally’s Atlantic City. As a result of his accident, plaintiff alleged that he sustained bimalleolar ankle fractures which required surgery and a lengthy course of physical therapy. After the close of discovery, the case was arbitrated and a neutral arbitrator found that Bally’s was not responsible for the happening of plaintiff’s accident. Plaintiff filed a trial de novo to reject the arbitration award. Thereafter, we filed a motion for summary judgment arguing that plaintiff cannot prove that Bally’s created the condition or had actual or constructive notice of the alleged condition prior to plaintiff’s accident. In opposition to our motion, plaintiff argued that he does not have to establish notice under the mode of operation doctrine since his accident occurred in an area where patrons are permitted to walk with beverages. Judge McCarthy agreed with our arguments that the mode of operation doctrine does not apply to the facts of this case and dismissed plaintiff’s complaint as a matter of law. Christopher Mauro and Reena Shah handled the case from its inception thru its dismissal.