Posted on: October 21, 2024, 02:50h.
Last updated on: October 21, 2024, 03:24h.
A lawsuit says a casino in Indiana is to blame for a woman’s death after she was allowed to drink “at least” 17 alcoholic beverages in a single night.
Filed in Southern Indiana’s federal court, the estate of Michelle Kelley and her widower, husband Jason Kelley, allege that Caesars Southern Indiana, just across the Ohio River from downtown Louisville, is responsible for her wrongful death. The complaint details that the Kelleys, residents of Westerville, Ohio, visited the casino resort on March 26-28, 2024.
On the Kelleys’ final day, the plaintiffs allege that casino staff served Mrs. Kelley “at least 17 alcoholic drinks.” When she was found dead on March 28, her toxicology report showed her blood alcohol content (BAC) at .222, nearly three times the legal limit to operate an automobile. Kelly was 43 years old.
“The Defendants’ actions in continuing to serve Michelle Kelley alcohol after she was visibly intoxicated caused Kelley to be a risk of danger and harm to herself and others,” the complaint read. “Kelley’s death was caused by, and was the direct, proximate, and foreseeable result of, the Defendants’ actions and inactions.”
Caesars Southern Indiana is operated by EBCI Holdings, a subsidiary of the Eastern Band of Cherokee Indians in North Carolina. The physical property is owned by Caesars’ real estate investment trust, Vici Properties.
Lawsuit Claims Negligence
The complaint names EBCI, Vici, Caesars Entertainment, and “unknown servers” as defendants in the case. Attorneys representing the plaintiffs allege negligence, negligence per se, wrongful death, loss of consortium, and violation of the Indiana Dram Shop Act, the latter of which is a state statute that provides for civil damages against a licensed liquor establishment for serving alcohol to a “visibly intoxicated” person if that person’s intoxication later becomes a “proximate cause” of death or injury.
Kelley’s estate and her husband are seeking financial damages, funeral expenses, and legal fees.
As a result of the gross and unconscionable actions of the Defendants, the wrongful death of Kelley has devastated Kelley’s estate and beneficiaries, caused her husband and child to suffer immense emotional harm, and the loss of love and affection of Kelley,” the complaint read.
Along with her husband, Kelley left behind a two-year-old daughter.
Details of how Kelley died weren’t specified in the lawsuit, but local media reports suggested she choked on her vomit. The defendants haven’t yet replied to the complaint, according to federal court records.
EBCI continues to use the Caesars name for the resort through a licensing agreement with Caesars. The tribal entity acquired the management rights to the Indiana casino from Caesars Entertainment in August 2021 for $250 million.
EBCI leases the casino which contains 1,100 slot machines, 70 live dealer table games, and Caesars Sportsbook from Vici. Caesars Southern Indiana is additionally part of the Caesars Rewards network.
Caesars and EBCI have a lengthy partnership in North Carolina where they run two tribal casino resorts — Harrah’s Cherokee and Harrah’s Cherokee Valley River.
Fentanyl Finding
The lawsuit fails to reference that Kelley’s toxicology report performed during her autopsy also found “acute multi-drug intoxication,” including alcohol overdose and fentanyl. Fentanyl is the dangerous opioid largely responsible for the opioid epidemic.
Plaintiff attorney Greg Simms told the Louisville Courier-Journal that the casino and its owners remain liable because “if you serve someone alcohol when they’re visibly intoxicated and that alcohol is a contributing factor [in injury or death], it doesn’t have to be the entire reason.”
Alcohol.org, a website from American Addiction Centers, says alcohol-fueled comas and sudden death primarily occur when a BAC reaches 0.30 or higher. At 0.20-0.29%, the addiction center says “blackouts begin … so you may participate in events that you don’t remember.”
