Casino sued after valet driver hits pedestrian

Michelle Keahey, East Texas Bureau Jun. 6, 2011, 5:13pm

An Orange County woman has filed a lawsuit against a casino after she was run over by the casino's valet parking driver.

Cynthia Schrader filed suit against Delta Downs Casino and Hotel also known as Boyd Racing, Michael Shane Gilpatrick and Robert Dupuis on July 16, 2010 in Orange County District Court. The defendant removed the case to federal court in Beaumont on May 31.

The incident occurred on March 13, 2010 as Schrader was leaving Delta Downs' parking lot. She states as she was exiting, she was run over by a vehicle being driven by one of the defendant's valet drivers.

The driver is accused of negligence for failing to keep a proper lookout, traveling at too high rate of speed, failing to timely apply the brakes and failing to yield the right of way.

The defendant is accused of negligence for failing to warn Schrader, failing to operate equipment in a safe manner, failing to erect a warning or provide a barricade, failing to inspect the premises and failing to institute safety procedures.

The defendant is also accused of negligence for failing to properly instruct its employees regarding performing a reasonable inspection and failing to properly instruct its employees on the safe operation of vehicles.

Schrader also argues that the defendant is liable for negligent hiring and negligent entrustment.

The plaintiff is seeking damages for physical pain and mental anguish, lost wages, loss of earning capacity, physical impairment, physical incapacity, medical expenses, interest and court costs.

Schrader is represented by Jim Sharon Bearden, Jr. of the Bearden Law Firm in Orange.

U.S. District Judge Thad Heartfield is assigned to the case.

Case No. 1:11-cv-00271

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