Fan at Boston Bruins sport who slipped and fell in TD Backyard loses negligence case in Massachusetts federal appeals courtroom

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A fan at a Boston Bruins sport who slipped and fell within the TD Backyard concourse, struggling severe accidents, has misplaced his negligence case in federal appeals courtroom.

Alexander Raheb sued the proprietor and operator of TD Backyard, Delaware North, after his main tumble on the tile concourse flooring — touchdown on his kneecap and rupturing his left quad tendon.

He ended up bringing a negligence lawsuit in opposition to TD Backyard’s proprietor for the autumn, and a Massachusetts federal district courtroom dominated in favor of Delaware North, which additionally owns the Bruins.

Now, a federal appeals courtroom has agreed with that district courtroom ruling for TD Backyard’s proprietor.

“The entry of summary judgment for Delaware North is affirmed,” the U.S. Courtroom of Appeals for the First Circuit wrote this week.

Again on April 13, 2019, Raheb attended a Bruins playoff sport together with three pals, together with Fahim Manzur.

After coming into TD Backyard, Raheb and Manzur made their solution to their balcony stage seats and stopped at a concession stand on the balcony concourse stage. Raheb purchased a hotdog and a beer. Raheb’s recollection is the beer was bought in a cup that didn’t have a lid.

Beer and hotdog in hand, Raheb and Manzur walked by way of the concourse to their balcony seats. About 40 or 50 ft past the concession stand, earlier than passing by way of the doorway to his seat, Raheb slipped and fell on the white tile concourse flooring. He landed on his kneecap, rupturing his left quad tendon.

Raheb needed to endure surgical procedure and bodily remedy, incurred substantial medical payments, and missed time from work.

Each Raheb and Manzur testified that they didn’t see any liquids or different hazards on the concourse flooring earlier than the autumn. After the autumn, Manzur noticed a “fairly clear” liquid on the bottom the place Raheb slipped, however couldn’t determine its supply.

Raheb alleges that he slipped on this liquid, which Delaware North’s video footage exhibits had been spilled about 5 or 6 seconds earlier by one other fan.

That patron had been carrying one cup of beer in every hand, with a sports activities emblem “Terrible Towel” draped over the shoulder, when the towel fell on the ground. The fan handed one cup of beer to a different particular person, however stored the opposite cup in hand because the patron bent down to choose up the towel.

On the time of the incident, Delaware North had a facility service cleansing contract with UG2. Eight cleaners had been assigned to every of the 9 flooring of the world and patrolled the concourse with mops.

UG2 reminded its staff earlier than occasions to patrol the concourse to guarantee that the ground was not moist. A UG2 worker testified in deposition that “a lot of” spills at TD Backyard had been attributable to prospects, and that prospects had two or three cups of their arms “all the time.”

Incident reviews produced throughout discovery confirmed that there had been a minimum of 14 slip-and-fall incidents at TD Backyard within the three years earlier than Raheb’s fall, although not all had been linked to spilled drinks.

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