Court sides with casino in fall suit
Published 11:00 am Friday, December 5, 2014
The Mississippi Court of Appeals has sided with a Vicksburg casino and affirmed an earlier decision that the business was not at fault in the fall of a 70-year-old woman in 2011.
The appeals court ruled this week that Riverwalk Casino was not at fault in causing the fall of Peggy Trull on July 9, 2011.
In a suit filed Oct. 14, 2011 in Warren County Circuit Court, Trull clamed that she tripped and fell over a mat that was buckled near the casino exit.
In a response to the suit, Riverwalk’s attorneys argued that Trull fell due to her own negligence.
Surveillance video showed that Trull did not fall over the rug, according to court records.
She testified that she had entered and exited the same door to the casino more than 30 times before her fall. The records from Trull’s casino player’s card showed she had visited the casino on 134 occasions between March 2010 and July 2011, according to court records..
In response to the video, Trull abandoned the rug argument and argued that the threshold of the exit to the casino at 1046 Warrenton Road was dangerous.
Riverwalk had professional engineer Dr. Jerry Housholder examine the threshold, and he concluded that it complied with Americans with Disabilities Act standards, according to court records.
“Whether arguing that the threshold is a generally dangerous condition or a concealed danger, Trull cannot rely on her testimony alone as evidence that the threshold in question actually constituted a danger,” appeals court Judge David Ishee wrote in the court’s opinion.
After Householder’s investigation, Circuit Judge M. James Chaney granted a summary judgment in favor of the casino.