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Lum, Zemsky and Seltzer Obtain Unanimous Jury Verdict on Behalf of Multinational Gaming Conglomerate

November 6, 2019

Larry Lum (Partner-NY), Jessica Zemsky (Of Counsel-WP) and Stacey Seltzer (Associate-NY) defeated a slip-and-fall case brought in Supreme Court, Queens County against a casino on the issue of liability, which could not have been settled for less than $850,000. The plaintiff, a 59-year-old man claimed he slipped and fell on a large puddle of water in a casino bathroom where there are no surveillance cameras for privacy reasons. He claims a casino employee was mopping the floor at the time and refused to help him up or otherwise call for assistance. The employee denied being in the bathroom at the time or witnessing the fall, claiming instead he had just “dry-mopped” the area to clean up urine and water spots on the floor, leaving it completely dry before leaving for five minutes to clean an area just outside the subject bathroom. The employee said when he returned to the bathroom, plaintiff was standing and claimed he had just fallen. There was still no trace of water on the floor. The employee called his supervisor who came to speak with plaintiff, who was attended to by the supervisor and EMT/Security. A notable aspect of the trial is that the casino employee had been terminated from the casino for at least a year before trial because he was caught sleeping in a supply closet on the job. He had to be subpoenaed for trial and his willingness to continue giving favorable testimony to the casino was uncertain − he eventually testified consistent with his deposition testimony and effectively in the casino’s favor at trial. 

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