9/13/19 – Goods v. Boardwalk Regency Corporation d/b/a Caesars Atlantic City.
Plaintiff alleged that she slipped and fell on an untreated patch of ice while exiting Caesars Hotel at 9 pm on a cold winter day. As a result of her fall, she sustained injuries to both knees requiring double knee replacement surgery. After the close of discovery, Reena Shah moved for summary judgment arguing that plaintiff cannot establish actual or constructive notice of the ice patch that allegedly caused her to fall. Therefore, plaintiff cannot establish that Caesars was negligent and breached a duty owed to maintain the premises. We also relied upon plaintiff’s own testimony to establish that it had snowed that day. Accordingly, pursuant to New Jersey law, Caesars should have a reasonable amount of time to adequately clear and salt the premises after a snow event.
In response, plaintiff’s counsel argued that the surveillance of the incident created issues of fact that must be presented to a jury. Plaintiff argued that since the surveillance did not depict any piles of snow and ice on the ground, it was not an active snow event and Caesars had adequate time to salt the sidewalk to ensure that it was not slippery. Furthermore, plaintiff argued that since she fell in an area that was frequented by guests when exiting or entering the premises, Caesars should have taken extra precautions to make sure the area was adequately salted.
After hearing oral argument, Judge Siracuasa agreed with Ms. Shah’s arguments and granted Caesars motion for summary judgment dismissing plaintiff’s complaint as a matter of law. Reena Shah and Christopher C. Mauro handled this case from its inception to dismissal.