CHARLESTON - A lawsuit against Mardi Gras Casino & Resort for injuries allegedly sustained from a drunk customer has been dismissed after a confidential settlement was reached.
Racing Corporation of West Virginia is doing business as Mardi Gras Casino & Resort.
Mardi Gras Gaming-West Virginia; Tri-State Casino & Resort; and Tri-State Racetrack & Gaming Center were also named as defendants in the suit.
On May 5, a final dismissal order was filed in Kanawha Circuit Court. Both parties announced to the court that all matters in controversy had been dismissed, compromised, agreed and/or settled and asked the court to dismiss the action with prejudice.
Mediation was held on April 16 by Charles S. Piccirillo of Shaffer & Shaffer. During the mediation, the parties and/or their representatives appeared, negotiated in good faith and a confidential settlement was achieved.
On Oct. 24, 2009, Billy Ray Slone was a customer in the defendants’ casino when an intoxicated person fell into an employee of the casino and then fell into him, causing injuries, according to a complaint filed Oct. 21 in Kanawha Circuit Court.
Slone claimed he sustained injuries to his neck, shoulder and pelvis when the intoxicated person fell into him.
The defendants were negligent by allowing an intoxicated person to wander among customers and by failing to take adequate measures to assure the safety of Slone, according to the suit.
Slone claimed the defendant is responsible for causing him to incur expenses for medical attention and hospitalization.
The defendants’ actions caused Slone to suffer loss of enjoyment of life; a change in his lifestyle; and injuries and damages caused by the intoxicated person falling into him, according to the suit.
Slone was seeking compensatory damages with pre-judgment interest. He was being represented by Douglas Witten of Avis, Witten & Wandling LC.
The defendants were represented by Arden J. Cogar Jr. of MacCorkle Lavender PLLC.
The case was assigned to Circuit Judge Louis H. Bloom.
Kanawha Circuit Court case number: 11-C-1888