NEW CUMBERLAND – A man is suing Mountaineer Park Inc. after he claims he was injured when his horse fell on him.

MTR Gaming Group Inc. and Eldorado Resorts Inc. were also named as defendants in the suit.

On Nov. 21, 2013, the temperature at Mountaineer Casino was near freezing, which caused liquids to freeze on surfaces, creating dangerous conditions for invitees such as Ernesto Oro on the premises, according to a complaint filed in Hancock Circuit Court.

Oro claims he was atop his horse and in the process of returning to the stables from the racetrack following a morning warm-up session and was walking at a slow pace, and, as he and his horse traveled on the pathway toward the stables, he was violently thrown to the ground as his horse was caused to slip and fall on top of him as a result of a dangerous accumulation of snow, ice and/or water on the pathway and/or the slippery nature of the concrete or asphalt surface.

The un-remediated accumulation of snow, ice and/or water that had accumulated on the premises was a dangerous and defective condition on the premises, according to the suit.

Oro claims the concrete or asphalt surface of the pathway was a dangerous and defective condition on the premises as horses, walking on metal horse shoes, have decreased traction on such a surface and have a greater propensity to slip and fall.

The defendants had reason to know that the use of concrete or asphalt on the pathway surface was unsafe and created a hazard to horses and riders such as Oro and safer surface alternatives such as dirt, grass, mulch or gravel were available to the defendants use on the pathway, according to the suit.

Oro claims he suffered pain, discomfort, frustration, embarrassment, inability to attend his usual daily activities and loss of enjoyment of life’s pleasures.

Oro is seeking compensatory and punitive damages with pre- and post-judgment interest.

He is being represented by Barry Hill of Anapol Schwartz.

The case is assigned to Circuit Judge Jason Cuomo.

Hancock Circuit Court case number: 15-C-128

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