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Friday, February 25, 2011

Ind. Decisions - "Indiana court rejects Kentuckian's claim that casino responsible for gambling losses"

Monday's NFP Court of Appeals decision in the case of Jimmy Vance v. Caesars Entertainment, Inc. (NFP) is the subject of a story today by Grace Schneider in the Louisville Courier Journal. Some quotes:

The Indiana Court of Appeals has rejected a Kentucky man’s arguments that the former Caesars casino bore some responsibility for him getting drunk and losing $75,000 of the house’s money while playing blackjack.

The 3-0 decision this week dealt a second setback to Corbin businessman Jimmy Vance, but his lawyer said Thursday that Vance still may appeal to the Indiana Supreme Court.

“I don’t think the Court of Appeals opinion articulates that the casinos can loan money to people who are drunk,” said Vance’s lawyer, Larry Wilder of Jeffersonville.

Gene Price Jr., of Louisville, who represented the riverboat, said that court found no evidence that Vance was drunk while he was gambling, “which was Horseshoe’s contention from the beginning.”

The case is shaping up as yet another failed attempt by a gambler to convince a court that a casino should be liable for serving him alcohol in excess and extending credit. Addicted gamblers in Indiana and elsewhere around the country have tried similar claims, but courts almost always rule for the casinos. * * *

During a trial last March, Wilder used casino videotape to show Vance drank at least seven bourbon and waters during a September 2004 visit when he also signed seven credit markers, or bank drafts, for a total of $75,000. Casino employees testified that Vance didn’t appear intoxicated or they wouldn’t have provided him credit.

Judge Larry Blanton of Orange County, who served as special judge, ruled last July that Vance failed to provide evidence that he was intoxicated. He also noted that Vance wasn’t drunk when he signed the original contract arranging to borrow money when he wanted it for gambling.

Here is a July 10, 2010 ILB entry, with links to earlier stories.

Posted by Marcia Oddi on February 25, 2011 10:39 AM
Posted to Ind. App.Ct. Decisions