Boomtown Casino & Hotel New Orleans
NEW ORLEANS – A Louisiana casino hotel wants a federal court to hear a lawsuit filed against it over injuries a guest claims she sustained as a result of its negligence.
Defendant Penn Entertainment Inc., doing business as Boomtown Casino & Hotel New Orleans, filed its removal notice April 15 in U.S. District Court for the Eastern District of Louisiana.
Boomtown New Orleans is a casino hotel located on the West Bank of Jefferson Parish in Harvey, Louisiana. It is just 15 minutes from the historic French Quarter in New Orleans.
Penn contends the lawsuit, filed against it by plaintiff Demetrice Augillard in 2025, doesn’t belong in the 24th Judicial District Court for the Parish of Jefferson due to the estimated damages.
“In her Petition for Damages, Plaintiff alleges that as a result of Boomtown’s fault and negligence, she sustained damages including bodily injury including but not limited to her right elbow, neck and shoulder; past, present and future medical expenses, lost income, wages and earning capacity, physical pain and suffering, mental and emotional pain and suffering, aggravation, inconvenience and loss of enjoyment of life, and permanent disability and/or impairments,” the casino wrote in its four-page notice.
“Plaintiff did not assign monetary values for the damages sought in the Petition.”
However, Penn points to an initial settlement demand made on Nov. 12, 2025 that “far exceeds” the $75,000 amount in controversy threshold, it claims.
In federal court, the “amount in controversy” refers to the monetary value of a plaintiff’s claim. This must exceed $75,000, exclusive of interest and costs, for diversity jurisdiction.
According to Augillard’s Nov. 13, 2025 petition for damages, she was walking in the door of the hotel on Feb. 2, 2025 when she tripped over the entrance and fell face first on the floor.
“Plaintiff got up and only felt mild pain but continued inside for about 1 to 2 hours then she started feeling more pain and her husband went to get the security and filled out an incidence [sic] report,” the lawsuit states.
She claims that at the time of the accident, there was no sign, caution tape, rope, barrier, warning, or other safety measures from the hotel to indicate to guests that there was a “dangerous condition” on the premises.
“Prior to the accident alleged herein, and at all times relevant hereto, the Defendant had custody, ownership and control of the premises and knew or should have known of the significant risk of injury caused by the elevated entrance to their premises,” the lawsuit states.
“Defendant either created or had actual or constructive notice of the elevated entrance that caused Ms. Augillard's accident.”
According to Augillard’s filing, her injuries include right knee pain, a neck injury, back pain, and cracked ribs.
“As owners and custodians of the premises, Defendant owed a duty to invitees and other persons who used their premises to exercise reasonable care to keep the floors in a reasonably safe condition and/or keep the floors free of any significant risks which might give rise to injury. Defendant breached this duty,” her lawsuit states.
“The negligence of the Defendant was therefore the direct and proximate cause of Ms. Augillard's slip and fall.”
New Orleans firm Murphy Rogers Sloss Gambel & Tompkins are representing Penn in the lawsuit. The plaintiff is being represented by the Law Office of Lewis-Crawford in Kenner, Louisiana.
