Fall at Resorts Casino Doctor Seminar Yields $1.5 Million Settlement
Injuries sustained by a physician hosting a seminar for doctors at Resorts Hotel & Casino in Atlantic City after she fell over a microphone cord have led to a $1.5 million settlement.
November 25, 2019 at 02:25 PM
3 minute read
Injuries sustained by a physician hosting a seminar for doctors at Resorts Hotel & Casino in Atlantic City who fell over a microphone cord have led to a $1.5 million settlement.
The settlement was reached on Nov. 19 in DeCastro v. DGMB Casino, where the plaintiff claimed she sustained a fractured hip, and later suffered a postsurgical stroke, as a result of the fall.
According to counsel and court documents, the incident occurred on Sept. 16, 2017, when plaintiff Leticia DeCastro, then 83, was serving as master of ceremonies at the Philippine American Medical Society of New Jersey's seminar at Resorts, located on the Atlantic City Boardwalk.
Resorts staff had set up a stage for the event, but deconstructed the stage and set up the podium on flat ground at the request of the society, said DeCastro's lawyer, Matthew Bonanno of Rebenack, Aronow & Mascolo in New Brunswick. As a result, the microphone wire was run across the dance floor, with the cord tucked under one part of the floor, rather than secured with tape as it should have been, Bonanno said.
When DeCastro approached the podium, she tripped on the cord and fell. She was able to get through the seminar but later that evening was transported by ambulance and hospitalized, and underwent a hip replacement the next day. Three weeks after the surgery, she had a stroke, which the suit claimed was a direct result of the fall, according to Bonanno, who handled the case along with J. Silvio Mascolo of the same firm.
The suit, venued in Middlesex County based on DeCastro's residence in Edison, claimed Resorts was negligent in setting up the event. Resorts denied liability, according to the documents.
DeCastro claimed she was a practicing internist at the time of the fall but now is no longer able to practice. She also claimed she can no longer read or drive, and has memory issues, according to the lawyers and documents.
Resorts lodged a third-party claim for indemnification against the society, though the society went into bankruptcy. DeCastro didn't name the society in her suit.
DeCastro made an offer of judgment to Resorts for $1.15 million in June 2019, before expert discovery. The offer wasn't accepted by Resorts.
The parties proceeded through discovery and then went to nonbinding, court-ordered arbitration on Oct. 22. The arbitrator found Resorts 90% liable for the fall, and DeCastro 10% liable, and awarded $1.5 million, adjusted to a net of $1.35 million, according to the documents.
The parties had a scheduled trial date of Dec. 9 when they settled during mediation with Mark Epstein, a retired Superior Court judge with Hoagland, Longo, Moran, Dunst & Doukas in New Brunswick.
Resorts agreed to pay $1 million through its primary insurance policy with Zurich Insurance, and $495,000 through an excess policy with Ace Insurance, Bonanno said.
Counsel to Resorts, Harry McEnroe of Tompkins, McGuire, Wachenfeld & Barry in Roseland, confirmed the settlement.
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