On Feb. 7, 2014, Gary Gordon was a lawful customer/patron at Wheeling Island’s premises when he was caused to violently slip and fall on the unmaintained/unsafe walkway area with such great force as to cause Gordon serious injuries, damages and losses, according to a complaint filed Feb. 7 in Ohio Circuit Court and removed to federal court on March 14.
Gordon claims there was ice on the walkway area in the parking lot that caused him to slip and fall.
Wheeling Island Gaming has a duty to its customers to maintain, operate, monitor and inspect its property and surrounding premises in a reasonably safe condition and to warn its customers of unsafe, dangerous, defective and hazardous conditions on its property and surrounding premises, according to the suit.
Gordon claims Wheeling breached its duties and caused his injuries.
As a result of the carelessness and negligence of Wheeling, Gordon has been prevented from carrying out the duties and responsibilities of his life, according to the suit.
Gordon claims he suffered a rotator cuff tear; subacromial impingement of rotator cuff; weakness and instability in his left shoulder; left shoulder pain; limited range of motion; bruising; emotional upset; anxiety; and loss of sleep.
Gordon is seeking compensatory damages with pre- and post-judgment interest. He is being represented by Gerasimos Sklavounakis.
Wheeling is represented by Philip J. Sbrolla and Matthew C. Schrebe of Cipriani & Werner PC.
U.S. District Court for the Northern District of West Virginia case number: 5:16-cv-00030