Lawsuit Claims Excessive Alcohol Led to Woman’s Death at Caesars Indiana

A recently filed lawsuit against Caesars Southern Indiana Hotel & Casino claims wrongful death and seeks tens of thousands in damages.

The Legal Case Claims Negligence, Wrongful Death

The case dates back to March this year when one patron visited the popular gaming and entertainment venue in Southern Indiana. The visitor, identified as Michelle Kelley, was served more than a dozen drinks while at the venue on March 27. In the early morning hours on March 28, after being served 17 drinks, the woman passed away.

In light of the accident that claimed the life of Michelle Kelley, her husband, father and guardian of their infant child, Jason Kelley, along with the estate of Michelle Kelley, filed a lawsuit with the US District Court for the Southern District of Indiana.

The plaintiffs named Caesars Entertainment, VICI Properties and EBCI Holdings, as well as “unknown servers” as defendants in the lawsuit which alleges negligence, negligence per se, wrongful death violation of Indiana DRAM Shop Act and loss of consortium.

Describing the facts, the lawsuit reveals that Michelle Kelley stayed at Caesars Southern Indiana Hotel & Casino between March 26 and March 28 this year. The lawsuit states that the woman passed away on March 28 after being served 17 drinks and her blood alcohol content was .222 at the time of her death, a figure that represents three times the legal limit to drive in Indiana. Notably, the legal claim deemed alcohol as the “proximate cause” of the woman’s death.

“The Defendants’ actions in continuing to serve Michelle Kelley alcohol after she was visibly intoxicated, caused Kelley to be a risk of danger and harm to herself and others. The alcohol served to Kelley by Defendants contributed to, and was a proximate cause of Kelley’s death on March 28, 2024,“

reads the recently filed lawsuit

The Plaintiffs Seek More than $75K in Punitive Damages

In the lawsuit, Jason Kelley and the estate of Michelle Kelley, claim that the defendants breached their duty of care to the deceased woman, failed to exercise reasonable care and follow standard procedures. Moreover, the plaintiffs alleged that the defendants’ actions “directly caused the death” of Michelle Kelley.

Under the count alleging wrongful death, the plaintiffs wrote: “The wrongful acts of the Defendants in this case were willful and were grossly negligent, and punitive damages should be awarded.” In light of the death of Michelle Kelley, her husband and the estate of Michelle Kelley seek punitive damages. As described in the lawsuit, the plaintiffs are seeking more than $75,000 in damages. This figure represents the state threshold for court proceedings in Indiana.