« Ind. Courts - More on "Court sits on porn records" | Main | Ind. Decisions - "Fit to foster but not adopt?" »

Tuesday, May 30, 2006

Ind. Law - Cases from Indiana and Kentucky of citizens suing to recoup gambling losses

The Fort Wayne Journal Gazette reports today, in a story by Kara Hull, that Nettie Hart of Kendallvile is suing to recoup loses on Cherry Masters machines:

She wasn’t there for bait or new tackle. She was there to use the video gambling machines, commonly known as Cherry Masters.

But after three years of playing in a back room at Sportsman’s Paradise, 629 W. North St. in Kendallville, Hart claims she never won and gambled herself into a financial hole that she said forced her to do something.

The 69-year-old Wolcottville resident filed a small-claims lawsuit in Noble County in March against store owner Mike Bowers – who taught Hart how to play the game – to recoup $6,000 she says she lost on the machines. * * *

Neither Bowers nor his LaGrange attorney Natalie R. Dickey could be reached for comment Monday.

Dickey filed a motion May 10 to dismiss the case, contending that finding in favor of Hart would “condone and encourage illegal gambling.” She also claims that Bowers doesn’t own the Cherry Master machines and therefore could not be sued for Hart’s loss.

It was unclear Friday who owns the machines if Bowers doesn’t.

Noble County Superior Court II Judge Michael Kramer, who is handling the case, has not ruled on the motion. A hearing is scheduled for today.

Hart is representing herself in the matter, she said, because she couldn’t find a lawyer who would take the case.

The Cherry Master machines are illegal and have been the source of statewide controversy for several years. Excise police have stepped up enforcement on Cherry Masters where alcohol is served since Gov. Mitch Daniels took office in January 2005.

"Kentuckian battles Caesars over his gambling losses: Suit claims casino let him bet drunk" is the headline to this story by Grace Schneider today in the Louisville Courier Journal. Some quotes from the lengthy story:
A developer from Corbin, Ky., who said he has lost at least $500,000 over the years at the Caesars Indiana casino has gone to court to prevent the riverboat from getting even more of his money.

His claim: That he was drunk when he accepted $75,000 in credit from the casino and then lost it all in a single night.

"They kept serving me till I was totally intoxicated," Jimmy L. Vance said in an interview. "In fact, I don't remember losing all the money."

The legal maneuvering began last October when the casino, which is in Harrison County, Ind., near Louisville, sued Vance for failing to repay the $75,000. Last month Vance fired back, taking an approach that may be unprecedented in Indiana.

In his countersuit filed in Harrison Circuit Court, Vance, 64, maintains that he was visibly drunk and was "induced" by Caesars employees to take several credit advances during a night of gambling. Therefore, his suit claims, the casino is responsible for his losses.

For its part, Caesars wants much more than the $75,000 Vance lost. It's seeking treble damages -- $225,000 -- plus 18 percent interest, court costs and legal fees. The casino's lawyers also have asked a judge to dismiss Vance's counterclaim.

"Vance is certainly not the first unsuccessful gambler to want his money back," Caesars' lawyer Gregory Taylor wrote. * * *

Indiana regulators couldn't recall receiving any formal complaints involving drunken gamblers and credit matters. But "we might need to address a void," depending on the outcome of Vance's case, said Ernest Yelton, executive director of the Indiana Gaming Commission.

Hoosier casinos are prohibited from providing free drinks to gamblers, unless they receive a state permit to do so during a special event.

Vance said in the interview that he paid for his drinks -- bourbon "with a splash of water." But the question, he said, is whether the casino should let him arrange for credit and continue gambling after he had too much to drink.

Posted by Marcia Oddi on May 30, 2006 07:48 AM
Posted to Indiana Law