A legal complaint claims that a casino in Indiana is responsible for a woman's death after she was permitted to consume “at least” 17 alcoholic drinks in one night.
Submitted in the federal court of Southern Indiana, the estate of Michelle Kelley along with her husband Jason Kelley claim that Caesars Southern Indiana, located just across the Ohio River from downtown Louisville, is liable for her wrongful death. The complaint states that the Kelleys, who live in Westerville, Ohio, went to the casino resort from March 26 to 28, 2024.
On the Kelleys’ last day, the plaintiffs claim that casino employees provided Mrs. Kelley “no fewer than 17 alcoholic beverages.” When she was discovered lifeless on March 28, her toxicology analysis revealed her blood alcohol content (BAC) at .222, almost three times the legal threshold for driving a vehicle. Kelly was 43 years of age.
“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 run by EBCI Holdings, a division of the Eastern Band of Cherokee Indians located in North Carolina. The physical asset is held by Caesars' real estate investment trust, Vici Properties.
Lawsuit Alleges Carelessness
The lawsuit identifies EBCI, Vici, Caesars Entertainment, and “unknown servers” as the defendants involved in the case. Lawyers for the plaintiffs claim negligence, negligence per se, wrongful death, loss of consortium, and a breach of the Indiana Dram Shop Act, a state law that allows for civil damages against a licensed alcohol vendor for providing alcohol to a “visibly intoxicated” individual if that individual's intoxication subsequently results in a “proximate cause” of injury or death.
Kelley's estate and her spouse are pursuing monetary compensation, funeral costs, and attorney 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.
Together with her husband, Kelley departed, leaving behind a two-year-old daughter.
The lawsuit did not provide specifics about Kelley's death, but local news reports indicated that she asphyxiated on her own vomit. According to federal court records, the defendants have not responded to the complaint yet.
EBCI maintains the use of the Caesars name for the resort via a licensing agreement with Caesars. In August 2021, the tribal entity obtained the management rights to the Indiana casino from Caesars Entertainment for $250 million.
EBCI rents the casino that features 1,100 slot machines, 70 live dealer table games, and Caesars Sportsbook from Vici. Caesars Southern Indiana is also included in the Caesars Rewards network.
Caesars and EBCI have an extensive collaboration in North Carolina, where they operate two tribal casino resorts—Harrah’s Cherokee and Harrah’s Cherokee Valley River.
Fentanyl Discovery
The lawsuit does not mention that Kelley's toxicology report from her autopsy also indicated "acute multi-drug intoxication," which included an alcohol overdose and fentanyl. Fentanyl is the perilous opioid primarily accountable for the opioid crisis.
Attorney Greg Simms, representing the plaintiff, informed the Louisville Courier-Journal that both the casino and its owners are accountable since “if you serve alcohol to someone who is clearly intoxicated and that alcohol contributes to [injury or death], it doesn’t need to be the sole cause.”
According to Alcohol.org, a site by American Addiction Centers, comas induced by alcohol and unexpected fatalities mainly happen when a BAC hits 0.30 or above. According to the addiction center, at 0.20-0.29%, “blackouts start ... leading you to partake in activities you cannot recall.”