WHEELING – A Pennsylvania couple blames Wheeling Downs and a chair manufacturer for injuries the husband received while gambling.
Frank and Deanna Monack of Belle Vernon, Pa., filed their lawsuit Dec. 15 in Ohio Circuit Court against Wheeling Island Gaming dba Wheeling Downs Racetrack and Gaming Center and Majestic Industries.
In the complaint, the couple says Frank Monack was at Wheeling Downs' gaming center on Sept. 11, 2005, when "a chair/stool upon which he was sitting broke, collapsed and/or malfunctioned causing the plaintiff to sustain permanent injury to his person."
The chair was made by Majestic, which is based in Passaic, N.J.
Monack says he suffered injuries to his rotator cuff and lumbar spine.
He says Wheeling Island Gaming was negligent by creating a dangerous condition by not providing a safe chair or stool, by failing to inspect the chair or stool, by failing to repair the defective chair or stool, by failing to warn him of the defective chair or stool and by failing to maintain a safe premises for its guests.
Monack says he has suffered permanent impairment, disfigurement and loss of future earning capacity. He says he has suffered physical pain and mental anguish and likely will in the future. He also says he has suffered a loss of ability to enjoy life and will continue to do so. He also says he has incurred more than $10,000 in medical expenses and expects more in the future.
Monack also says the chair/stool made by Majestic was defective in design.
His wife sues for loss of consortium and for her share of paying the medical bills.
The Monacks seem compensatory damages, interest, attorney fees, court costs and other relief.
The couple is represented by Wellsburg attorneys David F. Cross and Joseph E. Barki III.
Ohio Circuit Court case number: 06-C-462