Patron injury suit reinstated against Circus Circus

Monday, Nov. 6, 2000 | 10:10 a.m.

CARSON CITY -- A federal appeals court has reinstated a lawsuit against the Circus Circus hotel-casino in Las Vegas by a California woman who says her hand was crushed while playing a slot machine.

The 9th U.S. Circuit Court of Appeals Thursday ruled that Gail Crum can continue with her claims against the resort on the Strip.

The suit says Crum was seated at a slot machine with her left hand draped over the back of a chair next to her. The lawsuit said her hand was crushed by a change cart being pushed by a casino employee.

U.S. District Judge David Hagen had dismissed the suit on grounds Crum had failed to allege that her damages and medical bills had amounted to more than $75,000, which is the threshold for filing this type of complaint. Crum, represented by Las Vegas lawyer Geraldine Kirk-Hughes, had said her damages were in excess of $50,000 and that her medical bills were more than $11,506.

After the dismissal, Crum tried to amend the complaint to push the amount higher than $75,000. But Hagen said the proposed amendment was made only to permit the court to take jurisdiction. And he said he was suspicious that in the amended complaint, Crum's medical bills totaled $36,000 when the original complaint said $11,506.

The Circuit Court, in an opinion written by Judge David Thompson, said, "It does not appear to be a legal certainty that Crum's claim is really for less than the jurisdictional amount."

Crum claims she has been unable to continue work as a massage therapist and has been on disability for the last year, which has cost her more than $100,000 in income.