Posted on: October 23, 2024, 08:47h.
Last updated on: October 23, 2024, 09:27h.
A slip-and-fall lawsuit naming Mount Airy Casino Resort in Pennsylvania’s Pocono Mountains as a defendant will continue after a state appeals court on Tuesday said there’s enough evidence for a jury to reasonably reach a finding of negligence.
Plaintiffs Tatiana and Peter Oudolsky stayed at the casino over the July 4, 2020, holiday. In their complaint, attorneys representing the Oudolskys say the stay occurred “while COVID-19 raged” and therefore, the casino had taken steps to minimize the spread of the coronavirus.
The lawsuit alleges that Mount Airy hung several hand sanitizer dispensing units on the sides of slot machines. In the early morning hours of the July 4 holiday, at around 12:15 to 12:30 a.m., casino surveillance video captured three patrons using a specific hand sanitizing station on a slot cabinet.
At 12:41 a.m., Mrs. Oudolsky was walking past the same hand sanitizer when she slipped and injured her elbow. She said her fall was caused by “some liquid substance” on the marble floor she was walking on, which traversed the gaming floor.
The Oudolksy’s complaint alleged negligence based on premises liability and loss of consortium, a legal claim referring to the loss of a relationship’s intangible benefits.
Case Continued
In October 2023, a trial court granted a summary judgment for Mount Airy on the grounds that Mrs. Oudolsky’s deposition failed to establish that the resort itself created the dangerous conditions.
The lower court ruled that the plaintiffs offered no evidence regarding “how the liquid came to be on the floor, how long it had been there, or when [the floor] was last cleaned.” The court also took issue in determining if the liquid was hand sanitizer or some other substance, and whether “defective equipment was involved.”
The Oudolskys appealed the matter to the Pennsylvania Superior Court, with Judge Deborah Kunselman this week ruling that the case has enough evidence for a jury to reasonably side with the plaintiffs.
The Oudolskys presented evidence from which a jury may reasonably conclude that the resort created the dangerous condition on its property by hanging a hand-sanitizer dispenser over a marble floor, without taking any precautions to prevent the floor from becoming slippery or providing a sufficient warning to its invitees,” Kunselman wrote in her remand for a jury trial.
“The Oudolskys sufficiently supported their allegation that the ‘wet condition that caused Mrs. Oudolsky to fall was created and/or facilitated by the unreasonable actions’ of the resort. They have the right to a trial by jury,” Kunselman concluded.
A Mount Airy handout from the pandemic days titled “Coronavirus Safety & Guidelines” referenced hand sanitizing stations throughout the resort.
“Throughout the property, you will find sanitizing stations to ensure that all guests and team members are cleaning their hands as frequently as possible,” the document read. The disclosure also said that the casino’s “Safe Clean Team” would “continuously clean and disinfect high-traffic areas.”
Property Details
Mount Airy Casino Resort is owned by Dr. Lisa DeNaples, who inherited the property from her father Louis DeNaples who was forced to give up control of the resort in 2009 after his alleged ties to the Bufalino crime family came to light.
Located in Mt. Pocono about 30 air miles north of Allentown and 75 air miles northwest of Manhattan, the Mount Airy Casino has 1,700 slots, 70 table games, and a sportsbook. The resort features 284 guestrooms, a 20K-square-foot events center, six restaurants and bars, indoor and outdoor pools, an 18-hole championship golf course, a fitness center, and a full-service spa.
