Catania v. Mohegan Tribal Gaming Authority

MEMORANDUM OF DECISION

MANFREDI, Judge.

This matter was tried before the Court on December 14, 2004. It arises out of an incident which occurred on May 24, 2002 when the Plaintiff fell on an escalator located in the Earth Casino.

The Action was commenced by complaint dated February 14, 2003 whereby the Plaintiff alleged he was injured in the fall referred to above due to the negligence of the Defendant, its agents, servants or employees.

During trial, Plaintiff focused his claims of negligence on two issues: the presence of debris on the escalator; and the failure to stop the escalator.…