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Hotel-Casino Patron Loses Case

13 August 2002

CARSON CITY -- The Nevada Supreme Court, in a 2-1 decision, has ruled an elderly woman who slipped on a puddle of water on the hardwood floor of the Western hotel-casino in Las Vegas was not entitled to any money.

Gloria Semler, who was 69 when she fell in August 1998, claimed the Western was negligent for allowing a hazardous condition -- ice and water -- on the floor.

In asking for a new trial, attorneys for Semler claimed District Judge Gene Porter was wrong when he failed to give a jury instruction that showed the Western had constructive notice of a continuous hazardous condition in the casino when drinks are spilled on the hardwood floor.

The court said Monday that Semler failed to show the spilling of drinks was a "virtually continuous" condition.

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