Worster-Sims v. Tropicana Entertainment Inc., 36-7-4878, U.S. Dist Ct. (Kugler, U.S.D.J.)

Indemnification owed as a matter of law by a nightclub operating within a casino.

The plaintiff sued for allegedly being assaulted by a uniformed Atlantic City police officer when exiting a nightclub on the premises of Tropicana Hotel and Casino. The nightclub was a tenant of the casino. Tropicana moved for partial summary judgment on its cross-claim seeking indemnification pursuant to its lease. The court found the lease and indemnification provision to be a valid contract and that Tropicana was entitled to defense and indemnification. The court also found Tropicana was not negligent as it had no duty to protect the plaintiff from the alleged actions of the police officer.

Case Law Alerts, 1st Quarter, January 2015