A woman who fell by a collapsed "wet floor" sign at Jack Casino was awarded $3 million this past week by a Hamilton County jury.
Lynda Sadowski walked toward the sign, which lay flat on the floor, in September 2016. Customers had knocked it over, and a Jack employee walked around it but failed to pick it up moments before Sadowski tripped over it, according to her attorney Matt Nakajima.
Sadowski suffered a broken knee cap and metal hardware was placed in her knee. Her mobility has since worsened and she has arthritis at the fracture site, Nakajima said by email. A second surgery may be necessary.
"The casino had no safety policies in place for floor inspection or fall prevention and had no criticism of the employee’s failure to pick up the trip hazard even though its own internal documents found her at fault," Nakajima wrote. "The Casino’s callous disregard for their customers’ safety was on full display throughout the trial."
Nakajima handled the case alongside Charlie M. Rittgers.
The casino, through its attorney, had earlier argued in court documents that the collapsed sign remained visible and that Sadowski's failure to see the sign "resulted merely from (her) failure to pay attention to her surroundings."
"(Sadowski) cannot recover for her injuries because she had superior or equal knowledge of the alleged hazard," the casino argued.
A Hamilton County Common Pleas jury disagreed, finding Jack Casino failed to "use ordinary care" for Sadowski's safety and failed to maintain a reasonably safe environment, resulting in the injury.
As a result of the casino's carelessness and negligence, Sadowski's complaint said, she suffered permanent bodily injury, endured pain and suffering and has incurred and will continue to incur medical expenses.
The complaint added that Sadowski's fall led to her losing the "enjoyment of her good health."
More: Hard Rock takeover gives Jack Casino a new owner, new name. What about a hotel?
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