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Weaver v. Hollywood Casino-Aurora, Inc., F. Supp. 2d (N.D. Ill. ) :: Justia
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Kim E. Presbrey, Presbrey & Amoni, Aurora, IL, for Plaintiff. 1, and 1, pounds, which fell over onto the leg of another Hollywood Casino employee.


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The design of the bank all of the drawers could be opened at once , the fact that the bank was not bolted to the floor of a vessel that itself moved, and the fact that the bank was located on uneven flooring either singly or together led to the accident in which the bank fell over. Beasley Const. This incident also involved a bank, which weighed between 1, and 1, pounds, which fell over onto the leg of another Hollywood Casino employee. United States District Court, N. Weaver again and concluded that she had some clawing on her small finger of her left hand, an indication of an ulnar injury. She did not return to the same job following her return to the boat as she was restricted in what she could lift with her left hand. There was no pathology. The City of Lights had recently been remodeled. Weaver's ulnar nerve at the elbow level. She felt pain within 45 minutes of the event and went to the hospital following the end of her shift. The Seventh Circuit defines someone as a seaman for Jones Act purposes if 1 the person injured had a more or less permanent connection with a vessel in navigation, and 2 the person injured made a significant contribution to the maintenance, operation, or welfare of the transportation function of the vessel. He did testify that he believed the injury was related to the May 13, accident. Weaver did not prove a causal connection between the May 13, accident and injury and any chronic wrist injury. Weaver alleged that, while employed by Hollywood Casino, she was injured when she attempted to lift a 1, pound bank from an employee onto which the bank had fallen. Kanter's testimony credible as well. I conclude that plaintiff suffered a sprained wrist in the May 13, accident. She later worked in sales and in accounting, and received awards as an outstanding employee, but was fired in The cause of her termination is the subject of a separate lawsuit. Weaver injured her left wrist while helping to push the bank off the employee's foot. John Showalter, in January, , to whom she had been sent by her first physician. He also testified that the syndrome can be caused by non-traumatic events such as leaning with an elbow on the side of a car door while driving. Hollywood Casino was aware of this incident and knew that the banks were unstable. Her medical bills related to the incident have previously been paid by her employer. So I do not read Davis to say that no gaming ship can be a Jones Act vessel. It rather holds this particular ship, for special circumstances applicable in that case, was a mere gambling facility. Showalter did find some irritability of Ms. He did conclude that she had some wrist pain, possible triquetrolunate ligament disruption, with ulnar-positive variance. Defendant's witness, Dr. He could not say whether it would have been caused by the injury at Hollywood Casino. He agreed that an injury at some other point could have resulted in the later cubital tunnel syndrome. Weaver is not entitled to attorney's fees because Hollywood Casino was not guilty of willful, capricious or arbitrary conduct in denying her claim for surgery that was not related to the May 13, accident. Showalter's examination indicated Ms. Weaver v. Her wrist was swollen and a splint applied. Weaver a second time in November, She reported having followed his advice. Scott O'Connor, also testified by deposition. He did recommend surgery for a cubital tunnel condition of her elbow. Alvin Kanter, also an orthopedic surgeon, testified that the records he reviewed, which showed no reported injury to Ms. Weaver has proved by a preponderance of the evidence that Hollywood Casino's negligence caused the bank to fall over, or alternatively, an unseaworthy condition, which is causally related to a wrist injury sustained by her while lifting the bank off another employee. She had injured her wrist on May 5, in an accident for which Hollywood Casino is not alleged to be responsible. At this time, Dr. She did not suffer a chronic wrist injury or an ulnar nerve injury. Showalter administered a series of tests to determine Ms. I found Dr. Weaver's ulnar nerves in both her wrist and elbow were normal. Hollywood Casino-Aurora, Inc. The bank was later found to have been resting on uneven floor. I held a bench trial following discovery. Weaver saw another physician, Dr. It is not disputed that Ms. One day earlier, a bank, which is a moveable chest containing drawers which are filled with coins and tokens, had fallen over. Illinois, Eastern Division. Weaver's jurisdictional showing, I reject their argument and conclude that I have jurisdiction under the Jones Act. Players Lake Charles Riverboat, Inc. Weaver did not prove a causal connection between the May 13, accident and injury and her current condition of cubital tunnel syndrome of her elbow. Weaver was not accurately reporting her strength at the time he did tests that indicated her real strength was greater than reported. Gary Skaletsky, a neurological surgeon, in August, He diagnosed her to have a compressive neuropathy of the ulnar nerve at the elbow, also referred to as a cubital tunnel syndrome. May 22, Kim E. Federal jurisdiction depends on the plaintiff's ability to invoke the Jones Act. Weaver's representation to him that the only time she had suffered trauma to her left arm was at that time. However, he later testified that his opinion was based on Ms. She was advised to increase her mobility and to have an injection in the area where she showed symptoms. Kim R.{/INSERTKEYS}{/PARAGRAPH} Weaver, along with others, came to the employee's aid, and helped raise the bank off the injured employee. Weaver's elbow in May, , mean that if she developed an ulnar injury that was not diagnosed until , it could not have been caused by the May 13, accident. The issue here is whether the boat is a vessel. Weaver was a seaman employed by a maritime vessel engaged in maritime activity on May 13, , and therefore can maintain an action against her employer under the Jones Act or general maritime law. I find no reason to believe that Dr. Showalter had any reason not to credibly report his conclusion that Ms. The ulnar nerve at the wrist level was normal, however. Johnson v. Most of the physicians' findings are consistent. It was not bolted to the floor or any wall. Showalter determined that at that time Ms. They cite Davis v. She had also had earlier injuries, including a broken wrist in third grade, and an injury to her wrist in Weaver was examined by a board certified orthopedic physician, Dr. Her current need for surgery is unrelated to the accident. O'Connor saw Ms. He concluded at that time that she did not have any significant wrist problems. He saw her again at various times during He concluded that her range of motion was normal by December, , and that if she had any nerve damage it was "extremely" mild, and that it was unlikely that the May 13, injury resulted in any significant damage to the ulnar nerve. Weaver complains occurred. Because the defendants have not come forward with any evidence of special circumstances that would defeat Ms. In , Dr. It was in the midst of bolting them to the boat but had not finished bolting all the banks when the incident about which Ms. He also concluded that if there was any injury to her elbow it was not caused by the accident in May, Weaver's primary orthopedic physician, Dr. {PARAGRAPH}{INSERTKEYS}Weaver also asserts damages under general maritime common law. Weaver exhibited normal movement in her left wrist. She did not see a physician about that injury. Weaver's grip strength and concluded that her strength was normal and that she attempted to conceal her actual strength. Weaver for the first time on June 1, He diagnosed her injury as a wrist sprain. Weaver had a more or less permanent connection with, and made a significant contribution to, the casino boat. John F.