Tri-State Racetrack & Gaming Center
CHARLESTON – A Dunbar woman has sued Tri-State Racetrack & Gaming Center after an employee slammed the door of a video lottery machine on her hand.
Lillian Erby filed the suit last month in Kanawha Circuit Court.
She says that on Dec. 27, 2003, she was an invitee to the track. She was playing a video lottery machine when an unnamed employee "caused her hand to be injured by slamming the door of another machine on her hand."
Erby "in no way caused or contributed to the accident," the suit claims.
In the suit, filed by attorney Eunice L. Green, Erby says the defendant, also known as Racing Corporation of West Virginia, owes a duty of care in preventing the accident, owes a duty to guests to keep the property in a reasonably safe condition and is responsible for the actions of its employees.
Tri-State Racetrack & Gaming Center is a dog track in Cross Lanes that features greyhound racing and a 90,000-square-foot casino with 1,800 slots amid a New Orleans/Mardi Gras theme.
As a result of the incident, Erby says she has suffered pain and emotional distress and trauma.
She seeks reimbursement for all medical expenses as well as compensation for pain and suffering, emotional distress and trauma.
She seeks a jury trial.
The case has been assigned to Circuit Judge Jennifer Bailey Walker.
Kanawha Circuit Court case number: 05-C-2768