ARTICLE ID 7576
$________ Negligence per se asserted against casino where underage plaintiff was served alcohol and allowed to gamble - Plaintiff dropped off by companion at truck and proceeds to drive home - While at the wheel, plaintiff lost control of vehicle resulting in rollover accident - Plaintiff, who was not wearing his seat belt, was ejected from the truck - Multiple vertebral fractures - Thoracic laminectomy.
30Th Judicial District Court, Parish Of Vernon
The male plaintiff was 19 years old when he was injured in a
single-vehicle, rollover accident on his way home from Grand
Casino, where he had gambled for hours while being served alcohol
by the defendants staff. The plaintiff asserted claims of
negligence and negligence per se against the Grand Casino and
other defendants, arguing that the staff served the underage
plaintiff alcohol and continued to serve him when he was visibly
intoxicated. The plaintiff cited Louisiana law, which fixes the
minimum age for drinking and/or gambling at 21. The plaintiff
contended that his multiple severe injuries were proximately
caused by the Grand Casinos illegal and tortious conduct. The
defendant Grand Casinos of Louisiana, L.L.C. - Coushatta, was the
corporation formed to facilitate the operation of the defendant
Grand Casino. The defendant Lakes Gaming, Inc. is a management
company that entered into a management agreement with the
Coushatta Tribe of Louisiana to manage the Grand Casino. The
agreement required Lakes Gaming to, among other things, provide
security to the premises.
On the evening of May 9, ________, the male plaintiff, then 19 years
old, drove with his friends from Leesville, Louisiana, to Kinder,
Louisiana (an approximately one-and-one-half-hour drive), to
visit the Grand Casino. Upon arrival, the Grand Casino admitted
the plaintiff without requesting a showing of identification and
permitted him to consume alcohol and to gamble, in direct
violation of Louisiana law. The plaintiff was prepared to
demonstrate that Louisiana law prohibits the service of alcohol
to persons under 21 years of age and also prohibits gaming by
persons under that age. The plaintiff was served numerous
alcoholic beverages free of charge over an extended period of
time, and the service of alcohol allegedly continued even when
the plaintiff and his companions appeared visibly intoxicated,
according to the plaintiffs claims. The plaintiff remained at
the Grand Casino drinking and gambling until he lost all of his
money, finally leaving at approximately 5:00 A.M. on the morning
of May 10, ________.
The group then left the Grand Casino, with the plaintiffs friend
behind the wheel. The group dropped the plaintiff off at his
truck, located within a few miles of his home. During the short
drive home, however, the plaintiff lost control of his truck. The
vehicle left the highway and rolled, ejecting the plaintiff, who
was not wearing a seat belt. The plaintiffs blood-alcohol level
was later measured to be .10.
The plaintiffs contended that the Grand Casino acted negligently
and committed negligence per se by permitting the plaintiff to
consume alcohol and to gamble, in violation of Louisiana law,
which fixes a minimum age of 21 on individuals desiring to either
consume alcohol or gamble. The plaintiff also contended that the
defendant Grand Casino acted negligently and committed negligence
per se in continuing to serve the plaintiff alcohol despite the
fact that he was obviously intoxicated. The plaintiff alleged
that his intoxication, lack of sleep, and post-gambling
depression combined to cause the plaintiff to crash his truck.
The plaintiff asserted that his injuries were solely and
exclusively caused by the Grand Casinos illegal conduct in
serving the plaintiff alcohol and permitting him to gamble. The
plaintiffs father also asserted a loss of consortium claim. The
evidence indicated that the father had cared for the plaintiff
since the date of the crash.
The plaintiff suffered multiple vertebral fractures and a spinal
cord injury at the C5 level. He underwent a thoracic laminectomy,
a thoracic fusion, rod pedicle screw and hook instrumentation and
an iliac bone graft harvest. The plaintiff suffers from a
permanent loss of feeling and function below the nipple and
suffers many attendant problems normally associated with spinal
cord injuries of this magnitude. At the time of the subject
accident, the plaintiff was employed by a power line company,
earning approximately $________ annually.
The defendants argued that the Coushatta Tribe of Louisiana, not
a party to the subject action, was the only party at fault for
the plaintiffs injuries, insofar as the Coushatta Tribe owned
the Grand Casino and employed its staff. The defendants also
claimed that numerous parties, including the Coushatta Tribe, the
plaintiff, his friends, his parents and an unidentified driver
who allegedly forced the plaintiff off the road, were
comparatively at fault.
A mediation was held on October 24, ________, during which the
plaintiffs agreed to a settlement with the defendants Grand
Casinos of Louisiana, L.L.C. - Coushatta and Lakes Gaming, Inc.
The defendants paid a joint sum of $________.
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