Harrah's raises four assignments of error: (1) Harrah's owed no duty to protect or warn Mr. Magri and against Harrah's in the amount of $601,689.31, after reducing the amount of the original judgment by 30%, based on Mr. On October 17, 2018, the trial court rendered a judgment in favor of Mr. On September 17 and 18, 2018, a bench trial was held. Magri filed suit against Harrah's and others alleging various theories of negligence, including failure to exercise reasonable care, failure to warn of an unsafe condition, and failure to properly train employees. After the incident, Harrah's employees applied ice and wrapping to Mr. Magri claims that she yanked the stool, twisting his left foot and ankle. When the employee, Nakeisha McCormick, attempted to empty the trash can, she moved the stool upon which Mr. Magri was playing blackjack, the pit boss called for an employee to empty a trash can in the area. Magri recently had undergone a left knee replacement, he rested his left leg and ankle on the bottom of the empty stool, and faced the dealer. Magri was seated on a high stool at the blackjack table to the left of the dealer, with an empty stool situated to Mr. Magri went to Harrah's to celebrate his birthday. Accordingly, we affirm the trial court's judgment. We also find that the trial court was not clearly wrong in apportioning 70% of fault to Harrah's, and 30% to Mr. Magri fell within the scope of Harrah's duty to exercise reasonable care. Magri, Harrah's breached that duty, and the particular harm sustained by Mr.

For the reasons that follow, we find that Harrah's owed a duty of reasonable care to Mr. Harrah's challenges the trial court's findings on three of the five legal elements of negligence. Magri was resting his foot while sitting at a black jack table. Magri when a Harrah's employee abruptly moved a stool on which Mr. The suit arises from personal injuries sustained by Mr. Atkins )ĭefendant Jazz Casino Company, LLC, the owner of Harrah's New Orleans Casino ('Harrah's'), appeals the trial court's Octojudgment awarding $601,689.31 in damages to plaintiff Irvin Magri, Jr., following a two-day bench trial.

Love, Judge Sandra Cabrina Jenkins, Judge Dale N. Raines, MURPHY ROGERS SLOSS GAMBEL & TOMKINS, 701 Poydras Street, Suite 400, New Orleans, LA 70139, COUNSEL FOR DEFENDANTS/APPELLANTS Causeway Blvd., Suite 185, Metairie, LA 70002, COUNSEL FOR PLAINTIFF/APPELLEE JAZZ CASINO COMPANY, L.L.C., Harrah's New Orleans Casino, the Rivergate Development Corporation, and Jane DoeĬourt of Appeal of Louisiana, Fourth Circuit.ĭavid I.

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