PITTSBURGH – The U.S. District Court for the Western District of Pennsylvania granted defendant Presque Isle Downs Inc.’s motion for summary judgment in a lawsuit stemming from a woman's alleged trip and fall over a sign on casino property.
U.S. District Judge Susan Paradise Baxter ruled March 1 that plaintiff Patricia Moknach had a requirement to look where she was going, as the sign was large and obviously a hazard. The undisputed facts were the area was well-lighted and that Moknach did not have issues viewing her surroundings.
On Jan. 1, 2016, Moknack was sent to the hospital after allegedly tripping and falling over a sign from a bar called Zelda’s when she left to go to the casino’s outdoor patio. The sign was set up outside of the bar because it was being renovated. Moknack claims that although the patio was well-lighted, she was occupied and not able to see the sign and tripped, resulting in the fall.
“Defendant moves for summary judgment based on the Moknach’s failure to establish that it owed Mrs. Moknach a legal duty under the negligence analysis,” Baxter wrote.
“Because she was invited to its casino, Presque Isle had a duty to protect Mrs. Moknach from foreseeable harm. In this case, Zelda’s sign was an obvious hazard. The sign was several feet long, 30 inches high at one end and 12 inches high at the end over which Mrs. Moknach tripped. Mrs. Moknach had an obligation to observe her surroundings and she did not.”
Because Moknach's negligence claim was denied, her husband’s related loss of consortium claim was also dismissed.
U.S. District Court for the Western District of Pennsylvania case number 1:18-cv-261