Posted on: October 21, 2024, 02:50h.
Last updated on: October 21, 2024, 03:24h.
A lawsuit claims a casino in Indiana is responsible for a woman’s death after she consumed “at least” 17 alcoholic beverages in one evening.
The estate of Michelle Kelley and her husband Jason Kelley allege in a lawsuit filed in Southern Indiana’s federal court that Caesars Southern Indiana is liable for her wrongful death. The Kelleys visited the casino resort on March 26-28, 2024.
On their last day at the casino, the lawsuit claims that Mrs. Kelley was served “at least 17 alcoholic drinks.” Her toxicology report on March 28 revealed a blood alcohol content (BAC) of .222, nearly three times the legal limit for driving. Kelley was 43 at the time of her death.
The complaint stated, “The Defendants’ actions in serving Michelle Kelley alcohol while she was visibly intoxicated made Kelley a danger to herself and others. Kelley’s death was a direct result of the Defendants’ actions and negligence.”
Caesars Southern Indiana, operated by EBCI Holdings, a subsidiary of the Eastern Band of Cherokee Indians, is mentioned in the complaint. The property is owned by Vici Properties, a real estate investment trust of Caesars.
Allegations of Negligence
The lawsuit lists EBCI, Vici, Caesars Entertainment, and “unknown servers” as defendants. The plaintiffs’ attorneys claim negligence, wrongful death, loss of consortium, and violation of the Indiana Dram Shop Act, which allows civil damages against a licensed liquor establishment for serving alcohol to a “visibly intoxicated” person whose intoxication leads to death or injury.
The lawsuit seeks financial damages, funeral expenses, and legal fees on behalf of Kelley’s estate and her husband.
The complaint mentioned, “As a result of the Defendants’ actions, Kelley’s wrongful death has caused immense emotional harm to her estate, beneficiaries, husband, and child, resulting in the loss of love and affection.”
Kelley, who had a two-year-old daughter, passed away under unspecified circumstances. Local media reports indicated she choked on her vomit. The defendants have yet to respond to the lawsuit in federal court records.
EBCI operates Caesars Southern Indiana under a licensing agreement with Caesars. The tribal entity acquired management rights to the casino from Caesars Entertainment in 2021 for $250 million.
The casino, leased by EBCI, features 1,100 slot machines, 70 live dealer table games, and Caesars Sportsbook, and is part of the Caesars Rewards network.
Caesars and EBCI run two tribal casino resorts in North Carolina — Harrah’s Cherokee and Harrah’s Cherokee Valley River.
Presence of Fentanyl
The lawsuit failed to mention that Kelley’s toxicology report also revealed “acute multi-drug intoxication,” including alcohol overdose and fentanyl, the dangerous opioid linked to the opioid epidemic.
Attorney Greg Simms informed the Louisville Courier-Journal that the casino and its owners could still be held liable as serving alcohol to a visibly intoxicated individual can contribute to injury or death, even if alcohol is not the sole cause.
According to Alcohol.org, alcohol-induced comas and sudden death are most likely when BAC levels reach 0.30 or higher. At 0.20-0.29%, blackouts can occur, leading to participation in events that the individual may not remember.