Archive for the ‘Casino’ Category

Up Chuck Causes Slip Up (Twice)

June 25, 2007

Aquino v. Kuczinski (New York)
(Casino Patron Slips and Falls in Vomit Twice; Retained Attorneys Blow Statute of Limitations; Legal Malpractice Claim Fails Due to Lack of Constructive Notice and Evidence in Underlying Claim)

The plaintiff was walking through the lobby of the Trump Taj Mahal Casino Resort in Atlantic City when she slipped on a substance that she identified as vomit. Plaintiff did not see any substance on the floor prior to her fall. She further alleged that after she fell, a woman dressed in a blazer and holding a walkie-talkie, whom she believed to be a security guard, came over and told her to get up. When she tried to get up unassisted, she allegedly fell again in the vomit. Plaintiff and other family members left the casino, and plaintiff later received treatment at an emergency room facility.

Plaintiff subsequently retained the defendant law firm to represent her in an action against the casino. The law firm wrote a few letters demanding a settlement and requesting insurance information. No offer of settlement was made, and the statute of limitations expired before a lawsuit was filed. The plaintiff then commenced an action against the defendant law firm for legal malpractice for failing to file her lawsuit and failing to investigate the claim and protect her interests.