Tuesday, May 30, 2006

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Kentuckian battles Caesars over his gambling losses
Suit claims casino let him bet drunk

By Grace Schneider
gschneider@courier-journal.com
The Courier-Journal

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.

Some drunken gamblers win and sober gamblers lose big, Taylor noted, so it's impossible to pinpoint Vance's intoxication as the cause of his losses.

David Strow, a spokesman with Caesars' parent company, Harrah's Entertainment, declined to comment, saying he couldn't discuss pending litigation.

Under Indiana gambling regulations, casinos can extend credit and check-cashing privileges to selected patrons. Casinos also train employees in handling compulsive gamblers and other impaired patrons.

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.

Caesars said Vance applied for a line of credit in November 2000 and, on Sept. 22, 2004, he was issued seven advances, or markers, totaling $75,000. He agreed to repay the balance within 28 days, according to court records.

After he lost the $75,000, Vance's seven checks to cover the casino's credit were subsequently deposited into the casino's bank account. They were returned for insufficient funds, Caesars' complaint says.

The casino accuses Vance of check deception and of causing it to suffer financial losses.

Since early last year, Caesars has filed nearly identical suits against 14 other men and three women from Kentucky, Indiana, Ohio, Illinois and South Carolina. The complaints say each person arranged for credit, only to bounce the repayment checks.

Caesars has received repayment or judgments in 10 of the cases; seven are pending.

Vance's lawyer, Larry Wilder of Jeffersonville, says in the counterclaim that Vance gambled on many occasions at Caesars between 2000 and 2004 and consumed "large quantities" of alcohol "for extended periods of times."

Vance also would gamble large sums after becoming visibly intoxicated, the counterclaim says. And during those periods, it adds, Caesars "induced Vance to enter into credit agreements to allow Vance to gamble," losing an estimated $300,000.

In the interview, Vance said his losses at the boat's blackjack and craps tables are more like $500,000 to $1 million.

The counterclaim alleges that Caesars violated state law by providing alcohol to Vance while he was intoxicated and impaired in his ability to enter into a contractual agreement. Wilder cited "dram-shop" laws that make taverns liable for damages if they serve an intoxicated customer who leaves the premises and harms himself or others.

"Does Indiana, where gambling is now encouraged and permitted, have any duty to expect its gambling boats not to serve (patrons) when they become blind, running drunk?" Wilder said.

Vance said he recognizes people might think he's getting what he deserves by gambling while knocking back cocktails for hours on end. But when he has had too much to drink on occasional trips to Atlantic City, he said, casino bosses refused to let him continue gambling.

"They've said, 'You know you're losing (big). … Why don't you come back tomorrow?' They're right, you know."

Reporter Grace Schneider can be reached at (812) 949-4040.

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