A recent ruling by a Pennsylvania appeals court has revived a slip-and-fall lawsuit against Mount Airy Casino Resort, allowing the case to proceed to trial. The court found sufficient evidence for a jury to consider whether the casino acted negligently in maintaining safety standards during the COVID-19 pandemic.
Key Takeaways
- The lawsuit involves a slip-and-fall incident at Mount Airy Casino during the July 4, 2020 holiday.
- Plaintiffs allege negligence due to a slippery floor caused by a hand sanitizer dispenser.
- The appeals court ruled there is enough evidence for a jury trial.
Background of the Case
The lawsuit was filed by Tatiana and Peter Oudolsky, who stayed at the Mount Airy Casino during the height of the COVID-19 pandemic. According to their complaint, the casino had implemented various safety measures, including the installation of hand sanitizer dispensers near slot machines to minimize the spread of the virus.
On the night of July 4, 2020, surveillance footage captured the Oudolskys and other patrons using a hand sanitizer station. Shortly after, at approximately 12:41 a.m., Mrs. Oudolsky slipped on a liquid substance on the marble floor, resulting in an elbow injury. The plaintiffs claim that the casino's negligence in maintaining a safe environment led to this incident.
Legal Proceedings
Initially, a trial court granted summary judgment in favor of Mount Airy Casino, stating that the Oudolskys did not provide sufficient evidence to prove that the casino created the hazardous conditions. The court noted that there was no information on how long the liquid had been on the floor or whether it was indeed hand sanitizer.
However, the Oudolskys appealed the decision to the Pennsylvania Superior Court. Judge Deborah Kunselman ruled that there was enough evidence for a jury to reasonably conclude that the casino's actions contributed to the dangerous condition. She emphasized that the Oudolskys had adequately supported their claim that the casino's placement of the hand sanitizer dispenser over a marble floor without proper precautions was unreasonable.
Implications of the Ruling
The appeals court's decision to allow the case to proceed to trial raises important questions about the responsibilities of businesses in maintaining safety standards, especially during a public health crisis. The ruling suggests that businesses may be held accountable for the safety of their premises, particularly when they implement measures intended to protect public health.
About Mount Airy Casino Resort
Mount Airy Casino Resort is located in the Pocono Mountains of Pennsylvania and features a variety of amenities, including:
- 1,700 slot machines
- 70 table games
- A sportsbook
- 284 guest rooms
- A 20,000-square-foot events center
- Six restaurants and bars
- Indoor and outdoor pools
- An 18-hole championship golf course
- A fitness center and full-service spa
The resort is owned by Dr. Lisa DeNaples, who inherited the property from her father, Louis DeNaples, after he was forced to relinquish control due to alleged ties to organized crime.
As the case moves forward, it will be closely watched for its potential implications on liability and safety standards in the hospitality industry, particularly in the context of ongoing public health concerns.
