Mollentze V. Robinson Property Group, Llc Et Al

Case Background

Robert Mollentze filed a premises liability lawsuit against Robinson Property Group, LLC doing business as  Horseshoe Casino after he suffered a rotator cuff tear when he slipped on a wet floor in the foyer of his hotel suite.

The case was filed in the United States District Court, Mississippi Northern (Oxford Division). Senior Judge Michael P. Mills presided over this slip-and-fall lawsuit. [Case number: 3:22cv240]

Cause

On the evening of October 15, 2019, Robert Mollentze was a guest at the Horseshoe Casino in Tunica, Mississippi which was owned and managed by Robinson Property Group, LLC.

The suite included a half-bath near the entrance. The toilet in this bathroom had become clogged with toilet paper, a situation Mollentze did not cause. By 3:00 p.m., the toilet overflowed, spilling water into the foyer and under the door into the hallway.

A casino employee named Tyrone quickly noticed the water rushing into the corridor. He first tried to use a key card to enter Room 1530 but found the deadbolt engaged. Unable to access the room, Tyrone knocked on the door to alert the occupants about the water leak.

Hearing the knock, Mollentze got up to investigate, unaware of the growing hazard in the foyer. As he left his bed to open the door, he slipped on the wet floor and fell, landing on his shoulder. The water on the marble floor was allegedly clear and not easily visible.

Injury

As a result of the fall, he tore his rotator cuff and later had surgery to repair the injury.

Damages

Plaintiff sought damages for physical pain and suffering, emotional anguish, lost wages, medical expenses, inconvenience, physical impairment, disfigurement, loss of earning capacity, loss of enjoyment of life, and any other relief deemed justified by the Court.

Key Arguments and Proceedings

Legal Representation

  • Plaintiff(s): Robert Mollentze
    • Counsel for Plaintiff(s): Roderick D. Ward, III
  • Defendant(s): Robinson Property Group, LLC doing business as  Horseshoe Casino
    • Counsel for Defendant(s): Goodloe Tankersley Lewis

Claims

The Plaintiff’s premises liability complaint included claims of gross negligence and sought punitive damages. He argued that Defendant failed to maintain the hotel in a reasonably safe condition and did not provide adequate warnings about the hazard.

The central issue in the case was whether Tyrone should have followed hotel policy by calling the room first to alert Mollentze about the hazard. Instead, Tyrone knocked on the door without knowing the source of the hazard, effectively drawing Mollentze into a dangerous situation.

Defense

Horseshoe Casino denied any wrongdoing in handling the situation and asserted affirmative defenses in its response. The casino pointed out that staff noticed the gushing water within five minutes of its appearance. Tyrone, suspecting a burst pipe, acted reasonably by knocking on the door to alert the occupants.

Jury Verdict

The trial in this premises liability lawsuit lasted three days in Oxford. The court instructed the jury to determine whether the casino had been negligent and whether that negligence directly caused Mollentze’s injury. On May 3, 2024, the jury concluded that the casino was not at fault. As a result, they did not address questions about the Plaintiff’s responsibilities, the allocation of fault, or potential damages. The court entered a judgment in favor of the defense.

Court Documents:

Documents are available for purchase upon request at jurimatic@exlitem.com