Ragonese v. Racing Corp. of W. Va. (Signed Opinion)
Annotate this CasePetitioner and his wife were guests at the hotel of the Mardi Gras Casino and Resort (Casino) when Petitioner was injured when he fell off a retaining wall between the hotel and the Casino onto the roadway. Petitioner filed a complaint against the Casino, alleging negligence for its failure to protect him from the dangerousness of the retaining wall. Casino moved for summary judgment, asserting that Petitioner was a trespasser rather than a business invitee at the time of his injury. The trial court granted the motion, concluding (1) by proceeding down a hillside rather than utilizing a skyway bridge or the roadway, Petitioner exceeded the scope of his invitation as an invitee and became a trespasser; and (2) under the standard of care that governs trespass, the Casino did not breach the duty of care owed to Plaintiff. The Supreme Court reversed, holding that factual issues existed as to whether Petitioner acted in a manner that was inconsistent with the scope of his invitation to use the Casino premises, and those issues should be resolved by a jury.
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