A wrongful-death lawsuit has been filed against Caesar’s Southern Indiana Hotel & Casino and associated parties following the death of Michelle Kelley, who died at the casino resort on March 28, after allegedly being over-served alcohol while visibly intoxicated.
But some observers expect challenges for the plaintiff.
In the Estate of Michele Kelley and Jason Kelley v. Caesar’s Entertainment Inc., the plaintiff’s attorneys are led by Gregory D. Simms, Camry A. Kelsey and Aaron Murphy of Murphy & Associates in Louisville, Kentucky.
The Casino is located in Elizabeth, Indiana.
The plaintiff seeks damages for the emotional and financial toll on Kelley’s family.
“The death of Michelle Kelley was an absolutely preventable tragedy,” Simms claimed. “Caesar’s served her alcohol to the point of visible intoxication, and kept serving her again and again.”
Simms said despite applicable alcohol beverage control laws and statutes, Caesar’s served at least 17 drinks to Kelley while she was “clearly inebriated.”
“We will pursue this action vigorously in order to obtain justice for Michelle’s family,” Simms said.
According to court documents, Kelley was served at least 17 alcoholic beverages before her death at the casino. The complaint did not indicate the period of time the drinks were consumed. Toxicology reports indicated the Ohio resident’s blood alcohol concentration was nearly three times the legal limit.
The suit alleges the defendants, including Caesar’s Entertainment, VICI Properties, and EBCI Holdings, acted with gross negligence by continuing to serve Kelley alcohol despite her obvious intoxication. The complaint also includes unnamed defendants, who appear to possibly be unidentified bartenders and witnesses yet to be named.
The lawsuit was filed Wednesday in federal court, but the defendants have yet to respond formally in court.
Emails to Caesar’s media relations department went unanswered by press time.
Jason Kelley, Michelle Kelley’s husband, is pursuing the lawsuit as the personal representative of her estate and as a father and guardian of their minor daughter.
The complaint argues that the casino staff’s actions were not only reckless but indicative of a total disregard for Kelley’s safety.
“The death of Michelle Kelley was an absolutely preventable tragedy,” Simms said, accusing Caesar of serving her alcohol to the point of visible intoxication.
‘The Case Can Easily Be Dismissed’
Trial attorney A. Dax Bello of Miami law firm Stewart Tilghman Fox Bianchi & Cain is not involved in the case but specializes in similar legal matters.
A. Dax Bello, a partner at Stewart Tilghman Fox Bianchi & Cain. (Courtesy photo)
Bello noted the complexities inherent in such lawsuits.
“In Indiana, the burden is on the plaintiff to demonstrate that the establishment knowingly served alcohol to someone who was visibly intoxicated,” Bello said. “These cases can be incredibly complex, and the evidence presented will be critical,” Bello said.
Bello said the plaintiff attorney must delve carefully and thoroughly into Indiana law.
“In Indiana, as in Florida, the legislature has passed a law that affords an immunity to individuals who serve or otherwise provide alcoholic beverages to the public,” Bello said. “In other words, a lawsuit cannot be brought for damages which may arise out of the general service of alcohol. However, the Indiana law provides a very narrow exception to that immunity. That exception comes into play if, and only if, alcohol was served to an individual who was “visibly intoxicated at the time the alcoholic beverage was furnished, and that intoxication was the proximate cause of that individual’s injury or death.”
“Lawyers who pursue dram shop/liquor liability cases should have extensive experience in those types of cases,” Bello said. “If they do not carefully navigate the litigation, the case can easily be dismissed by the Court before a jury trial can be had.”
The Kelleys are seeking compensatory damages for medical expenses and funeral costs as well as punitive damages, arguing that the defendant’s conduct warrants a penalty beyond mere compensation to deter similar behavior in the future.
“This lawsuit is not just about seeking damages; it’s about ensuring that no other family has to endure this pain …,” he said. “We hope to bring about change in how establishments manage alcohol service to prevent tragedies like this in the future.”
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