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SMITH v. CIRCUS-CIRCUS CASINOS, INC.

No. 03-CV-6379L.

304 F.Supp.2d 463 (2003)

Linda A. SMITH, Plaintiff, v. CIRCUS-CIRCUS CASINOS, INC. and Mandalay Resort Group, Defendants.

United States District Court, W.D. New York.

December 11, 2003.

Attorney(s) appearing for the Case

David D. Spoto, Gallo & Iacovangelo, LLP, Rochester, NY, for Plaintiff.

Sheryl M. Schwartz, Herold and Haines, P.A., Warren, NJ, for Defendants.

DECISION and ORDER

LARIMER, District Judge.

INTRODUCTION

On January 28, 2003, plaintiff Linda Smith, a New York State resident, was injured while a patron at the Circus-Circus Casino in Las Vegas, Nevada. Plaintiff claims that the employees of the casino negligently left a chair in a common pedestrian area causing her to fall and suffer personal injuries. As a result, plaintiff brought a negligence claim against the casino and its parent...

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