Case Background
Nellie Legendre visited Harrah's Casino in New Orleans on May 21, 2023. She was 76 years old at the time. A casino employee collided with her on the casino floor, and she fell. She later sued two Harrah’s entities for negligence. The dispute traveled from state court to federal court, then to an appeals court, before a jury heard it.
Legendre filed her Petition for Damages on June 26, 2023, in the Civil District Court for the Parish of Orleans. The Defendants removed the case to federal court on August 18, 2023. Judge Jane Triche Milazzo presided.
The Court first granted summary judgment to the Defendants. Legendre appealed. On October 30, 2025, the Fifth Circuit reversed that decision in part and sent the case back for further proceedings. On February 18, 2026, the Court substituted Jazz Casino Company, LLC as the sole Defendant.
Cause
According to the Petition, Legendre arrived at the casino around 12:30 p.m. with two companions. She won at a slot machine and walked over to cash out her ticket. She then turned to walk back to her seat.
Legendre alleged that an employee moved at an unreasonable pace and collided with her. She further alleged that the impact pushed her into a column, wall or other structure. She then fell to the ground.
Court records later identified the employee as Eddie Giles, Jr. Surveillance video captured the incident. The Court described the footage in a later order. It showed Giles looking to his left while he walked. Legendre approached from his right. Giles then collided with her left side.
Injury
Legendre alleged that she suffered a fractured right hip and a cut to her scalp. She also alleged injuries to muscles and tissues throughout her body.
According to the Petition, New Orleans Fire Department emergency personnel treated her at the scene. An ambulance then took her to Ochsner Foundation Hospital, which admitted her. Doctors ordered X-rays and a CT scan. An MRI on May 30, 2023, confirmed the hip fracture, the Petition stated. She underwent hip surgery on June 2, 2023. Her head wound was closed with a skin adhesive, the Petition stated.
Damages
Legendre sought past, present and future medical expenses. She also sought damages for physical pain and suffering, and for mental and emotional pain and suffering. In addition, she claimed aggravation, inconvenience, loss of enjoyment and disfigurement.
The Petition stated that her damages exceeded $75,000. She also asked for judicial interest, costs and expert witness fees.
Key Arguments and Proceedings
Legal Representation
Plaintiff(s): Nellie Legendre
Counsel for Plaintiff(s): Peter J. Wanek | Kathryn T. Trew [Terminated: 01/12/2024] | Kyle P. Kirsch | Lindsay G. Faulkner | Seth Pohlmann
Defendant(s): Harrah's Casino New Orleans | Jazz Casino Company, LLC | Harrah's New Orleans Management Company, LLC d/b/a Harrah's New Orleans [Terminated: 02/18/2026]
Counsel for Defendant(s): Godfrey Bruce Parkerson | Lauren B. Dietzen | Mark E. Young | Meredith R. Durham
Claims
Legendre's central claim was negligence. She alleged that the employee failed to see what he should have seen. She also alleged that he failed to watch where he walked and failed to control his body.
She argued that the casino was vicariously liable for its employee's conduct. Before trial, the parties stipulated that Giles acted within the course and scope of his employment. Jazz Casino Company would therefore be liable for his conduct.
The Petition also alleged negligent hiring, training, supervision and retention. Legendre later stipulated that she had not presented sufficient evidence on the hiring, training and supervision claims. She made the same stipulation about future medical expenses.
Defense
The Defendants denied the allegations in their Answer. They also stated that Harrah's New Orleans Management Company, LLC was not a legal entity. Their removal notice identified Jazz Casino Company, LLC as the casino's operator.
The Answer raised three affirmative defenses. The Defendants pleaded Legendre's own negligence, the fault of third parties and a failure to mitigate damages.
Jazz Casino Company later set out its position in a post-trial memorandum. It argued that Giles walked slowly while he surveyed the casino as a customer safety officer. It said his path was clear for four steps before he glanced left. The company argued that both people had an equal chance to see each other. It maintained that an accident alone did not prove negligence.
The company also pointed to Legendre's earlier medical records. It argued that those records showed low bone density and a high risk of hip fracture.
Jury Verdict
The trial began on March 9, 2026, and lasted three days. The jury returned a unanimous verdict on March 11, 2026.
The jury found that Giles was negligent and that his negligence was a legal cause of the incident. It made the same finding about Legendre. The jury then assigned 95 percent of the fault to Giles and 5 percent to Legendre.
Before any fault reduction, the jury awarded $129,695.21 for medical expenses. It awarded $100,000 for past, present and future pain and suffering. It also awarded $50,000 for disability, mental anguish and loss of enjoyment of life. The total came to $279,695.21.
During deliberations, the jury asked the Court two questions. One concerned the standard of care that applied to Legendre's conduct. The other asked whether its damages award should account for legal fees. The Court referred the jurors to its original instructions.
Post-trial Motions
On April 6, 2026, Jazz Casino Company renewed its motion for judgment as a matter of law. Alternatively, it asked for a new trial. The company argued that the fault split showed the jury held Giles to a higher standard. The same day, it moved to set aside part of the past medical expenses award.
On August 12, 2026, the Court granted the medical expenses motion in part. It reduced the medical expenses award from $129,695.21 to $52,326.69 under Louisiana Revised Statutes 9:2800.27(B).
The Court denied the motion for judgment as a matter of law or a new trial on August 13, 2026. Quoting the Fifth Circuit, it held that Giles’s momentary inattention raised a fact issue for the jury. The Court added that the jury could reasonably have viewed Giles’s conduct as significantly riskier. He was not looking in the direction he walked, while Legendre was looking ahead.
Judge Milazzo signed the Judgment on August 13, 2026. The Court entered it the next day. The Judgment favored Legendre against Jazz Casino Company.
Applying the 95 percent fault finding, the Court ordered the company to pay $49,710.35 for medical expenses. It also ordered $95,000 for pain and suffering. A further $47,500 covered disability, mental anguish and loss of enjoyment of life. Those three amounts totaled $192,210.35.
Legendre filed a Satisfaction of Judgment on September 16, 2026. The docket showed no appeal as of October 20, 2026.
Court Documents:
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