harrah's casino atlantic city new jersey

A surveillance recording of the incident was preserved and shows the altercation. Lewis and other officers subdued Smith, handcuffed him, and briefly placed him in a holding cell before ejecting him from Harrah's premises. Security officer Taron Lewis allegedly shoved Smith to the ground. Harrah's security officers arrived on the scene, and an altercation ensued. Smith argued that he had been in line and refused to leave. The valet supervisor believed that Smith had cut into the line and directed him to leave. On January 10, 2011, he pulled into the valet line at Harrah's to pick up a fare. Jean Smith was a taxi driver in Atlantic City. at 540, the evidence presented in the summary judgment record revealed the following facts. Viewed most favorably to plaintiffs, see R.

Plaintiffs sought recovery from Harrah's under various theories: negligent supervision and training of the casino's security personnel, vicarious liability for the use of excessive force, negligent infliction of emotional distress, and false imprisonment. 1993) (nature of per quod claim for loss of consortium). Plaintiffs' amended complaint contains two counts, one seeking compensation for Jean Smith's injuries and the second for Marie Smith's derivative per quod claim. We must 'consider whether the competent evidential materials presented, when viewed in the light most favorable to the non-moving party, are sufficient to permit a rational factfinder to resolve the alleged disputed issue in favor of the non-moving party.' Brill v. Because we review the same documentary record as the trial court, we determine without deference to the trial court's ruling whether disputed issues of fact exist for determination by a jury and, if not, whether the trial court correctly applied the applicable law. Our standard of review from a summary judgment is plenary. We reverse the summary judgment in part and remand for trial on the potential vicarious liability of Harrah's for the alleged intentional tort of assault by the security officers. They allege that Harrah's is liable to them for injuries caused to Jean Smith when Harrah's security officers allegedly assaulted him.

Plaintiffs Jean Smith and his wife, Marie Smith, appeal from summary judgment dismissing their complaint against defendant Harrah's Casino Resort of Atlantic City. Respondent (Camacho Mauro Mulholland, L.L.P., attorneys Mr. Jude Nelson argued the cause for appellantsĬhristopher C. Law Division, Atlantic County, Docket No. On appeal from Superior Court of New Jersey, Before Judges Yannotti, Ashrafi and Leone.

Harrah's casino atlantic city new jersey