A gambler who blames his hip fracture on the negligence of the gaming hall where he sustained his injury has filed a federal personal injury complaint against the casino where the alleged incident took place, as well as its owner.
Philadelphia attorney Gregory A. Smith filed the civil action Oct. 4 at the U.S. District Court for the Eastern District of Pennsylvania on behalf of Dominic Tazza of Trenton, N.J.
The defendants named in the lawsuit are Greenwood Gaming and Entertainment, Inc., Parx Casino, Greenwood Entertainment Services, Inc., Bensalem Racing Association, Inc., Parx Casino Design, Inc. and Philadelphia Park Casino.
According to the complaint, Tazza was patronizing the Parx Casino, located at 2999 Street Road in Bensalem, Pa., on Jan. 7, 2010, when, while traversing the parking lot, he tripped over a concrete barrier and sustained a hip fracture.
The lawsuit claims that Tazza did not see the barrier because he was attempting to quickly get across the parking lot in between cars that were driving by.
The complaint alleges that the casino parking lot is unsafe due to reduced visibility, mostly because of buses that park themselves around a cutaway between the casino building and the lot.
Furthermore, the suit states, there are no properly designated crosswalks or traffic control devices set up in the parking lot to aid pedestrians attempting to get to their vehicles.
Therefore, at the time of the incident, Tazza had been looking for vehicles that might have been whizzing by instead of looking at the ground, hence why he failed to see the concrete parking barrier that caused his fall, the suit claims.
“There are no posted speed limits, speed bumps or signs of any kind requiring drivers in the parking lot to slow down or stop for pedestrians to cross the street,” the lawsuit states. “At the time Mr. Tazza tried to cross the roadway to get to his vehicle, cars were driving very fast without any regard for the safety of pedestrians.”
Tazza had to be transferred by ambulance to St. Mary Medical Center, where he was diagnosed as having a displaced right femoral hip fracture, the suit claims. He underwent surgery four days later.
While Tazza was recuperating at the hospital from his hip surgery, he developed a pressure sore on his heel, the lawsuit claims. This caused him to have to remain at the hospital for another week, after which he was transferred to a rehabilitation facility, where he stayed for three months.
As a result of his entire ordeal, the suit claims, Tazza experienced severe pain and suffering and emotional distress.
The lawsuit accuses the defendants of carelessness and negligence for failing to provide casino patrons with a safe means of travel in the parking lot, failing to prevent Tazza’s injuries, failing to enforce appropriate policies with regard to pedestrian traffic, failing to install speed bumps and other control devices, failing to adequately inspect the premises, violating the Americans with Disabilities Act, and failing to comply with local and national codes and standards.
The lawsuit states that Tazza had to undergo extensive medical care and treatment to his financial detriment.
Tazza demands judgment against the defendants in a sum in excess of $75,000, along with interest, attorney’s fees and related costs.
The federal case number is 2:11-cv-06244-PBT.