Melissa Johnson v. Boardwalk Regency, LLC d/b/a Caesar's Atlantic City, John Does 1-10 (Names Fictitious and Unknown), ABC Corp. (Name Fictitious and Unknown)

Summary

The United States District Court for the District of New Jersey denied Caesar’s motion for summary judgment in a negligence action arising from the plaintiff’s slip and fall in a casino restroom. The court found genuine disputes concerning constructive notice of water on the floor and causation, while dismissing the negligence count against fictitious defendants.

Holdings

1. Summary judgment was not warranted because the record permitted a reasonable factfinder to infer that Caesar's had constructive notice of water on the restroom floor.
2. Summary judgment was not warranted because genuine disputes of material fact existed regarding whether water on the sink or floor caused Johnson's fall.
3. Count two, alleging negligence by fictitiously named defendants, was dismissed because discovery had closed and Johnson had not named additional defendants.

Questions Presented

1. Whether Caesar's was entitled to summary judgment because Johnson could not establish constructive notice of the dangerous condition.
2. Whether Caesar's was entitled to summary judgment because Johnson could not establish causation.
3. Whether the negligence claim against the fictitiously named defendants should be dismissed after discovery closed without any additional defendants being named.

Disposition

other