A woman who tripped and fell in the Okhay Casino parking lot is now suing the casino’s parent company and its insurer.
Prescilla Garduno, of Fairview, claims the casino neglectfully installed and failed to mark the parking bumper she tripped on while visiting the casino the morning of March 1, 2008, according to a complaint filed Feb. 27, 2009, in state District Court. She is suing the Tsay Corporation, Okhay Owingeh Pueblo’s business arm, and its insurer, Alliant Specialty Insurance Company, for unspecified medical expenses and “loss of enjoyment of life.”
“The parking bumper that caused (Garduno) to trip and fall causing her injuries was the only parking bumper located throughout the entire casino parking lot,” the complaint states. “(The casino failed) to remove or properly warn … of the hazardous condition in the parking lot caused by the bumper.”
Garduno’s lawyer, Jospeh Sapien, declined to discuss specifics about the case.
“Right now, we’re basically at square one,” he said. “The defense counselors have been dragging things out. But the allegations speak for themselves.” Okhay’s gambling compact includes a clause allowing patrons to sue the casino for injuries or damage to their property.
In separate responses filed April 24, Tsay and Alliant denied all of Garduno’s claims and argued that she “failed to exercise due care for her safety.”
David Peterson, Tsay’s lawyer, did not return calls for comment.