Mardi Gras Casino sued by man who allegedly fell off retaining wall

By Kyla Asbury | Jun 27, 2013

CHARLESTON - A man is suing Mardi Gras Casino & Resort for injuries he sustained when he allegedly fell of its retaining wall.

Racing Corporation of West Virginia is doing business as Mardi Gras Casino & Resort.

On July 6, 2011, David Ragonese was at Mardi Gras Casino when he walked off a retaining wall ledge and fell approximately six feet onto the asphalt and concrete below, according to a complaint filed June 6 in Kanawha Circuit Court.

Ragonese claims he landed on his left leg and ankle, causing a severe leg fracture.

The defendant had no signs informing guests of the dangers of the hotel's exterior or the existence of the retaining wall, according to the suit.

Ragonese claims the defendant's hill and retaining wall area were poorly lit, so that guests could not see its dangerousness until it was too late.

The defendant also did not have any protective barrier to prevent guests from walking down the hill or off of the retaining wall, according to the suit.

Ragonese is seeking compensatory damages. He is being represented by Richard Weston and Connor Robertson of Weston Law Office.

The case has been assigned to Circuit Judge Paul Zakaib Jr.

Previously, an El Cerrito, Calif., man sued Racing Corporation of West Virginia for injuries he sustained falling from the retaining wall.

On July 21, 2011, Michael Debellis was visiting the Mardi Gras Hotel in Cross Lanes and was staying at the hotel because he was the best man in a friend’s wedding, according to a complaint filed March 26 in Kanawha Circuit Court.

Debellis claims that evening, he was outside of the hotel when he saw two of his friends and started walking down the hill to join his friends when he came to a ledge that he did not see until it was too late and fell over the wall approximately six feet and landed on his right ankle and buttocks.

Kanawha Circuit Court case number: 13-C-1092

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