Lawsuit accuses Indiana casino of causing woman’s death by over-serving alcohol

Caesars Southern Indiana (Photo courtesy of EBCI Holdings Inc.

The family of a woman who died in March is suing a southern Indiana casino, claiming casino staff caused her death by over-serving her alcohol.

The lawsuit, filed in the U.S. Court for the Southern District of Indiana on behalf of the estate of Michelle Kelley and her husband Jason Kelley, says that on March 27 and into the next morning Michelle was served at least 17 alcoholic drinks at the Caesars Southern Indiana Hotel & Casino in Elizabeth, Indiana.

The plaintiffs say unknown servers at the casino continued to serve Michelle Kelley alcoholic beverages despite her being visibly intoxicated and that she died at the casino on March 28.

The lawsuit was filed against EBCI Holdings, a company run by the Eastern Band of Cherokee Indians, which owns the casino; VICI Properties, which owns the property where the casino is located; and Caesars Entertainment, which provides branding and a loyalty program for the casino.

Representatives for Caesars Southern Indiana did not immediately respond to a request for comment.

The lawsuit alleges that at the time of her death, Kelley had a blood alcohol content of 0.222, which is nearly three times the limit at which motorists can be charged for drunk driving, The complaint does not provide any other detail on how Kelley died.

Kelley’s husband, on behalf himself and the couple’s minor daughter, is suing for negligence, wrongful death, loss of consortium, and violating the state of Indiana’s Dram Shop Act, which holds businesses liable for damages caused by the intoxication of a person if the business knew the person was visibly intoxicated as they were being served.

The plaintiffs are seeking compensation for future lost wages, funeral expenses, physical, mental, and emotional distress, and reimbursement for legal fees.

The case is Kelley et al v. Caesars Entertainment, Inc. et al, 4:24-cv-140. The plaintiffs’ attorneys are Gregory Dean Simms and Camry A. Kelsey of Murphy & Associates PLC in Louisville. No lawyers are listed in court documents yet for the defendants.