A New Jersey case involving a former Sands Casino employee is back in court. The plaintiff brought various charges, including breach of contract, against the NEC Corporation of America (NEC) in July, 2009 after having been injured due to the company’s alleged faulty phone and negligence of care that led to the plaintiff’s injuries.
The plaintiff was a floor supervisor at the Sands Hotel and Casino back in 2005. He was working the pit one day when he tried to make a simple phone call using the NEC phone on the casino floor. When he pushed a button on the phone some sort of reported electrical malfunction occurred, and an electric current left the plaintiff injured. His reported physical injuries include hearing loss, a cerebral spinal fluid leak and scarring to his head and face.
When the plaintiff and his lawyer first brought the case to court in 2009, the court ruled that some of the charges they were bringing against the defendant were not valid. Out of the 5 counts the plaintiff wanted to try, the court only approved 3:
- Violation of the New Jersey Consumer Fraud Act (CFA)
- Violation of the New Jersey Product Liability Act (PLA)
- Breach of contract
Dissatisfied with the court’s dismissal of certain charges, the plaintiff has successfully appealed that judgment. He has persuaded the court of appeals that there is sufficient evidence to try negligence claims that would attempt to hold the NEC accountable for not warning anyone of the phone’s potential dangers and not efficiently ensuring the safety of the device.
Resource
Leis v. NEC Corporation of America
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