Yankwitt LLP Wins Summary Judgment Motion for Golden Nugget Atlantic City, Complaint Dismissed in its Entirety
Yankwitt LLP successfully moved for summary judgment dismissing all claims against its client, Golden Nugget Atlantic City, LLC, in a personal injury action brought in New Jersey state court. Plaintiff claimed she suffered injuries when her hand allegedly got caught in an escalator guard rail at the Golden Nugget Hotel and Casino. In its motion, Yankwitt LLP argued there was no basis to impose liability on the Golden Nugget because Plaintiff did not produce any evidence that the escalator was dangerous or that the Golden Nugget had any notice of any alleged defects. In particular, Yankwitt LLP pointed out that while Plaintiff submitted a purported expert report in support of her claims, her expert examined the escalator more than a year after the alleged incident and proffered no evidence that the escalator was defective at the time of the alleged incident. On January 18, 2017, the New Jersey Superior Court, Atlantic County (Joseph L. Marczyk, J.) agreed and ordered Plaintiff’s Complaint be dismissed with prejudice. The case is McCann v. Golden Nugget Atlantic City, LLC, et al., Docket No. ATL-L-5998-14.