Court Finds Problem Gambling Can't Be Blamed on Casino
The Indiana Court of Appeals ruled that a woman who lost $125,000 on a single visit to a casino can't demand her money back because she's a problem gambler. The court found that Caesar's Indiana Casino had no obligation to protect Jenny Kephart from herself.Kephart contended that the casino enticed her to play. The casino, now known as the Horseshoe Southern Indiana, comped meals and rooms for her, allowed her to take out markers, and even sent a car to pick her up at her house.
But the court ruled in a 2 to 1 verdict that Kephart had failed to take advantage of problem gambling treatment available to her, and had not asked to have herself excluded from playing at casinos by signing the state's self-exclusion list.
"While Kephart lost the money she wagered, it is an injury that she chose to risk incurring. Indeed, it is extremely unlikely that she would have brought suit had she won her wagers," said the written opinion.
Kephart had countersued after the casino brought a suit to force her to pay off her markers from the night in question. Kephart had a known history as a compulsive gambler, and only had the money to wager because of a recent inheritance.
While the dissenting judge called the casinos methods "repugnant," and even the two judges in the majority admitted the casino's behavior was troubling, the brunt of the blame was laid on the individual.
"Kephart has a responsibility to protect herself from her own proclivities and not rely on a casino to bear sole responsibility for her actions," the ruling stated.
