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Bingo player was responsible for her own injuries: defense

Type:

Verdict-Defendant

State:

Maryland

Venue:

Anne Arundel County

Court:

Anne Arundel County, Circuit Court

Injury Type(s):

arm-fracture (fracture, radius), arm (fracture, radius);
other-fracture, distal;
other-nondisplaced fracture; other-reconstructive surgery; wrist-fracture, wrist;
shoulder

Case Type:

Premises Liability – Failure to Warn; Slips, Trips & Falls – Trip and Fall; Premises Liability – Dangerous Condition

Case Name:

Donna Wolfe v. Delta Bingo Holdings Inc.,
No. C-02-CV-16-002048

Date:

August 16, 2017

Parties

Plaintiff(s):

Donna Wolfe (Female, 61 Years)

Plaintiff Attorney(s):

Karl Lawrence Chen;
Chen Law, LLC;
Upper Marlboro,
MD,
for
Donna Wolfe

Defendant(s):

Delta Bingo Holdings Inc.

Defense Attorney(s):

Andrew B. Greenspan;
Greenspan Hitzel & Schrader;
Linthicum Heights,
MD,
for
Delta Bingo Holdings Inc.

Insurer(s):

Nationwide Mutual Insurance Co. for Delta Bingo Holdings Inc.

Facts:

On Nov. 23, 2013, plaintiff Donna Wolfe, 61, a phone sales clerk, was playing bingo at a bingo parlor owned and operated by Delta Bingo Holdings Inc. While at the bingo hall, she tripped and fell over a walker used by another bingo player. Wolfe claimed a fractured wrist and shoulder injuries as a result of the fall. Wolfe filed suit against Delta Bingo Holdings, alleging that a dangerous condition existed on the premises. Wolfe alleged that the aisles between the seated bingo players were too narrow, creating a dangerous condition. She asserted that Delta knew or should have known the dangerous condition existed and failed to remedy the condition. Wolfe admitted that she saw the walker, but argued that she was unable to avoid tripping over it. Delta contended that the aisles between the players were sufficiently wide to accommodate bingo players and that there was no evidence of any building code violations or breach of any duty to a patron. Moreover, Delta argued that Wolfe was contributorily negligent in that she admittedly saw the walker, but failed to avoid the hazard.

Injury:

Wolfe claimed a non-displaced fracture of the distal radius, which did not require surgery. She also claimed bilateral shoulder injuries, which required shoulder replacement surgery. Wolfe claimed ongoing pain and suffering, for which she sought damages. She did not present any economic damages to the jury. Delta denied liability for the wrist injury, which the defense argued was a hairline fracture that healed without incident. Delta also contended that Wolfe’s shoulder complaints were unrelated to the subject fall, as she suffered from prior degenerative shoulder problems.

Result:

The jury found for Delta Bingo Holdings Inc. and a defense verdict was entered.

Trial Information:

Judge:

Michael M. Galloway

Trial Length:

2
 days

Trial Deliberations:

1
 hours

Jury Composition:

6 jurors

Post Trial:

There was no appeal and this case is closed.

Editor’s Comment:

This report is based on information that was provided by defense counsel. Plaintiff’s counsel did not respond to a request for comment.