Court In Indiana Holds Problem Gambler Accountable For Her Bets
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It has become somewhat of a common practice in the US that problem gamblers end up going after the casinos where they lost their money. In order to try and recover, or worse, not pay, their debts, the gamblers sue the casino.
In Indiana, Jenny Kephart counter-sued Caesars Indiana after the casino sued the woman for $125,000 were of bets that she did not pay. The casino had extended her credit, but then Kephart did not pay the bill.
Her counter-suit argument was based on the idea that she was a gambling addict and that the casino specifically sought her out after she received a $1 million inheritance. The Indiana Court of Appeals did not agree with that viewpoint.
“While Kephart lost the money she wagered, it is an injury that she chose to risk incurring,” the court, which voted 2-1 against her complaint, said in the written ruling. “She wagered her money to purchase a chance to win even more. Indeed, it is extremely unlikely that she would have brought suit had she won her wagers.”
The casino, which now runs under the name Horseshoe Southern Indiana, was pleased with the decision, but the legal battle may not be over. Lawyers for Kephart still have the option to appeal the ruling to the state Supreme Court.
One of the main reasons the court ruled against Kephart had to do with a self-exclusion program. Kephart could have asked the casino to ban her from playing, at which point they would not have been allowed, under law, to promote themselves to her.