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Gilani v. GNOC Corp.

April 25, 2006

ACRAM JAVAHERY GILANI AND SION MOUSSAZADEH, PLAINTIFFS,
v.
GNOC CORP., ET AL., DEFENDANT.



The opinion of the court was delivered by: Glasser, United States District Judge

MEMORANDUM AND ORDER

INTRODUCTION

The present diversity action arises from an alleged "slip and fall" which occurred in the Atlantic City Hilton Hotel Casino ("Casino"), a wholly owned subsidiary of the defendant GNOC Corporation ("GNOC"). The slip and fall victim in this case is Acram Javahery Gilani ("Gilani" or "plaintiff"), who suffered a fractured hip as a result of her fall in the casino restroom. Her husband, Sion Moussazadeh ("Moussazadeh"), brings suit based upon the loss of companionship, consortium and assistance of his wife due to her injuries.

BACKGROUND

The parties do not dispute that on August 17, 2003, Gilani slipped and fell in a Casino bathroom. As a result of that injury, she suffered a fractured hip, requiring significant surgery and rehabilitation. Plaintiffs' negligence claim is predicated upon the theory that the bathroom was wet due to a created condition. In their response memorandum of law, plaintiffs claim that the ladies' bathroom attendant "who plaintiff...observed upon her entrance to the bathroom carelessly mopped or cleaned the floor without any type of warning for customers..." (Plts. Mem. Law 6).*fn1

In her deposition testimony of January 14, 2005, Gilani made the following remarks regarding the presence, or lack thereof, of a ladies' room attendant in the bathroom at the time of the accident: [The line of questioning immediately proceeding this interchange reviewed the events occurring immediately after her fall]

Q: Who was washing and drying the floor?

A: The employees Q: Were they there before you fell?

A: Yes.

Q: So, when you entered the bathroom, were there people washing and drying the floor?

A: I didn't see that.

Q: So, you didn't see the workers washing and drying the floor until after you fell?

A: No.

MR. GARBER: What does ...


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