Della Junge, v. Wheeling Island Gaming, Inc., 2010 - Essay by Kaylianaleah



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Della Junge, v. Wheeling Island Gaming, Inc., 2010 Essay

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Della Junge, v. Wheeling Island Gaming, Inc., 2010 U.S. Dist. LEXIS 116484
Plaintiff Delia Junge was an 83 year old woman from Natrona Heights, Pennsylvania when she visited a casino in Wheeling, Virginia which was operated by the defendant. Junge and her daughter had parked in a handicapped accessible space which was connected to the gaming facility by a concrete pathway owned by Wheeling gaming. Junge was using a four-wheeled walker to walk along the pathway to the casino when one of the wheels became stuck into a gap in the sidewalk approximately three inches wide two inches deep and bridging across the whole sidewalk. This resulted in Junge falling over and striking her head on the concrete while her daughter Ms. Kaminiski fell on top of her due to her walker tipping over because of the stuck wheel in the sidewalk. Junge was helped by two Wheeling employees, a paramedic, and security guard. Junge did not require emergency medical care and return home to Pennsylvainia. That evening in Pennsylvanaia Junge started to to feel sore and disoriented and her Ms. Kaminski rushed her to the hospital after she found her in servere pain. She was admitted into the hospital with congestive heart failure and injuries due to her fall in West Virginia. The plantiff filed a suit against Wheeling Gaming saying that they were responsible for damages of $80,000.00 for physical and mental injuries due to neglecting to maintain the walkways for handicap access to the casino.

May the court exercise personal jurisdiction over the defendant?

The Court determined that it did not have personal jurisdiction over the Defendant. The court decided that it was not going to grant the defendants dismissal of the case and they were just going to transfer this action to the Northern District of West Virginia. The transfer will serve the interests of justice because it will eliminate additional filing costs to Ms. Junge and also avoid any statues of limitations...

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