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Thursday, December 26, 2002

Now broke, gambler sues Ind. casino



The Associated Press

EVANSVILLE, Ind. - A man who gambled away his life savings at a riverboat casino is suing its owners, arguing that they should compensate him for his losses because they knew he was a compulsive gambler.

David N. Williams, 53, accuses Casino Aztar of targeting him as a compulsive gambler even after learning he was depressed and suicidal.

Mr. Williams, who is a retired Evansville accountant, filed his lawsuit in U.S. District Court in Evansville last year.

His lawyers, Doug Briody and Terry Noffsinger of Evansville, are seeking $175,000 for Mr. Williams' gambling losses and punitive damages.

Aztar has denied the allegations and is awaiting a ruling on its request for summary judgment. A trial is set for April 14, 2003.

"We believe the facts in this case have been grossly misrepresented," Jim Brown, Aztar's general manager, told the Courier-Journal of Louisville.

The case is being watched because it raises a key legal question: What responsibility, if any, does a casino have to stop a compulsive gambler from gambling?

Courts traditionally have dismissed lawsuits brought by gamblers on grounds that they accepted risk when they decided to bet.

But some legal authorities now question whether casinos - by banning patrons deemed as problem gamblers - are opening themselves up to lawsuits if they fail to stop those individuals from returning.

Mr. Williams was banned from the casino after a worried friend asked riverboat executives to intervene, according to court records.

Aztar executives persuaded Mr. Williams to leave and sent him a letter barring him from the casino until he could prove future visits wouldn't pose a threat to his well-being.

Mr. Williams has alleged that Aztar was guilty of breach of contract by not stopping him when he returned to the casino in February 1999 and began gambling again after controlling his habit for an 11-month period, according to a sworn statement for his lawsuit.

Mr. Williams, who is single and now retired, was an Indiana Department of Revenue auditor when he first visited Aztar in 1996, after receiving a $20 coupon in the mail for free tokens.

On a second trip, in early 1997, he lost $800, but soon became hooked on the rush he felt playing the slots.

"I'd almost run to get down the corridors," Mr. Williams said.

He signed on for the casino's Fun Card, which tracks a patron's play and is used to award tokens and complimentary meals and hotel stays.

He also authorized the riverboat to draw on a money-market account when it issued credit to him. During 1997 and early 1998, Mr. Williams lost all of the $125,000 he had in cash and mutual funds. He also racked up a credit card debt of about $80,000.

After he returned to the casino following his 11-month break from gambling, Mr. Williams began receiving mailings from Aztar, reminding him of slots tournaments and other special events for "our very best players."




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