Woman Tries her Luck Suing Casino

A case is currently being progressed through the US Supreme Court that could at first be looked upon as a case of a sore loser. The Supreme Court is looking into the claims from a woman that a casino actively encouraged her gambling problem in order to entice her to the casino. They said entrapment resulted in her losing $125,000 in one evening.

The case has been brought to the court by Jenny Kephart who is a self confessed compulsive gambler. Ms Kephart and her attorney are claiming that the casino had prior knowledge of Ms Kephart’s condition and instead of refusing access to the casino, they marketed the gambling establishment to her with even more vigour.

The situation dates back to 2006 when Jenny Kephart claims she was lured by an Indiana riverboat casino into losing a great deal of money on the Blackjack tables. The casino initially had to take Ms Kephart to court to retrieve the debt from her but she has counter sued the casino claiming that she does not owe them any money, as she is an addicted gambler that the casino should not have allowed to play. The money that she lost was in credit from the casino and has yet to be paid back and was the reason for the case initially going to court.

Most people would look at this case and think that it is ridiculous that Jenny Kephart can bring this to the court. This actually has been tried by the Indiana Court of Appeals in which Ms Klephart lost her case and judgement was found in favour of the casino. The Court of Appeals stated that the money she lost was ‘an injury she chose to risk incurring’. This judgement was not satisfactory to Ms Klephart and has taken the case to the Supreme Court. Terry Noffsinger is the attorney for Ms Klephart and he claims that the casino knew of her gambling addiction and actively encouraged her to come to the casino instead of acting responsibly and banning her. “This casino intentionally, knowing she was a compulsive gambler, went after her to get her to gamble,” said Klephart’s attorney, Terry Noffsinger. “And, of course, the odds are in the favour of the house and she lost a lot of money.”

The judgement in this case could have far reaching effects in the casino industry and so have a lot of very interested individuals watching closely. Currently there is no law that states a problem gambler must be excluded from the casino. There are programs in place in which gamblers can register their addiction with the casinos and this will result in exclusion. Ms Klephart never utilised this option and never registered her gambling addiction and so was not excluded from the casino. She claims it is the casino’s responsibility to keep problem gamblers out. She had previously been made bankrupt due to her addiction. The case continues.

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