Gargano v. Mohegan Tribal Gaming Authority

MEMORANDUM OF DECISION ON DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

GUERNSEY, C.J.

In the instant action Plaintiff seeks damages under The Mohegan Torts Code, MTC § 3-241 et seq., for injuries allegedly sustained in a fall in a ladies’ restroom in the Sky Casino. The Defendant has moved for summary judgment on grounds that “[bjeeause there can be no evidence of constructive notice of a specific defect, no genuine issue of material fact exists.”1 The basis for its contention that no evidence of constructive notice is possible is Plaintiffs admission in deposition testimony that she did not know…