MEDIA – A Montgomery County plaintiff who alleged that his concussion and spinal injuries were the fault of his chair at a local casino’s poker table, has withdrawn his lawsuit against the casino in question.
Ronald Nicodemo of King of Prussia first filed suit in the Delaware County Court of Common Pleas on Oct. 20 versus Chester Downs and Marina, LLC (doing business as “Chester Downs and Marina, LLC” and “Harrah’s Philadelphia Casino & Racetrack”), of Chester.
“On or about May 6, 2019, plaintiff, during the course and scope of his activities as a public invitee of the premises of Chester Downs and Marina, was sitting and playing poker, after his hand, he attempted to stand up from his chair that was on wheels and situated on a tile floor and insufficiently secured, causing the chair to roll out from underneath him when he stood up, causing him to fall and hit the ground with damaging force, injuring his back to the extent that he suffered two herniated discs and also hit his head causing him to sustain serious and permanent injuries as a result,” the suit stated.
“At the time of this incident, Chester Downs and Marina and surrounding grounds were under the sole and exclusive control, management and maintenance of defendant Chester Downs and Marina, its agents, servants, workmen, employees and/or contractors then and there engaged in defendant’s business and acting within the course and scope of their employment or authority, failed to provide secure, stable and safe seating for their patrons that created a reasonably foreseeable risk of the kind of injury which was incurred by plaintiff.”
Nicodemo said the casino’s negligence led to his injured state.
“The accident was caused exclusively and solely by defendant’s negligence, carelessness, and recklessness, in that: Defendant failed to provide secure and safe seating; Defendant failed to give warning, notice, or take any other safety precautions to prevent injury to plaintiff and to alert other visitors of the dangerous condition which existed,” per the suit.
“Defendant failed to take any other safety precautions to prevent injury to plaintiff of the dangerous condition which existed; Defendant knew, or in the exercise of reasonable caution, should have known of the existence of the dangerous condition of its premises created by not having proper, secure and stable seating that would create safety its patrons.”
As a result of the defendant’s alleged negligence, carelessness and recklessness, Nicodemo claimed he sustained a concussion and injuries to his cervical and thoraco-lumbar spine.
However, on March 8, counsel for the plaintiff filed a praecipe to withdraw the complaint, without further information provided.
For a count of negligence, the plaintiff was seeking damages in excess of $50,000, plus all interest, costs, reasonable attorney’s fees and any other amounts as the Court deems appropriate.
The plaintiff was represented by Christopher J. Heavens of Heavens Law Firm, in Boothwyn.
The defendant did not secure legal counsel.
Delaware County Court of Common Pleas case CV-2020-007017
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com