District of New Jersey Denies Summary Judgment Despite the Liquid Spilling Four Minutes Before the Fall

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On March 10, 2016, the District of New Jersey addressed the mode of operation doctrine and issues related to constructive notice.  In Romeo v. Harrah’s Atlantic City Propco, LLC, 2016 U.S. Dist. LEXIS 31456 (D.N.J. March 10, 2016), the plaintiff fell on a liquid in a common walkway at a casino.  A surveillance video showed a patron spilling his beverage on the floor and then four minutes later, the plaintiff slipped.  The casino employees also inspect the location where the plaintiff fell every thirty to forty minutes.  The defendant moved for summary judgment, arguing that it did not have constructive notice of the dangerous condition.

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Sleeping Yankee Fan Strikes Out With Lawsuit Against ESPN

As reported by multiple media outlets, a Yankee fan who fell asleep during the New York Yankees-Boston Red Sox game on April 13th filed a lawsuit against the Yankees; ESPN New York; MLB Advanced Media; and ESPN announcers, Dan Shulman and John Kruk.

The Complaint, which was filed by Okwara & Associates, P.C. on July 3rd in the Bronx County Supreme Court, alleges that “announcers like” Shulman and Kruk “unleashed [sic] avalanche of disparaging words against the . . . plaintiff” when ESPN’s Sunday Night Baseball broadcast showed Andrew Rector “nap[ping]” during the top of fourth inning of “the rivalry game between the Boston Red Sox and the New York Yankee [sic].”  The alleged defamatory language included:  “stupor, fatty, unintelligent, [and] stupid.” Read the rest of this entry »