A lawsuit claims that a casino in Indiana is responsible for a woman’s death after she was allowed to consume at least 17 alcoholic beverages in a single evening. The estate of Michelle Kelley and her husband, Jason Kelley, filed the lawsuit against Caesars Southern Indiana, alleging wrongful death. The lawsuit, submitted to Southern Indiana’s federal court, argues that Caesars Southern Indiana overserved Mrs. Kelley, which allegedly led to her death. Along with a blood alcohol content level of .222—nearly three times the legal limit for driving—the toxicology report also found the dangerous opioid fentanyl in her system.
According to the complaint, the Kelleys, residents of Westerville, Ohio, visited the resort from March 26-28, 2024. On their final day, the lawsuit claims, casino staff served Mrs. Kelley at least 17 alcoholic drinks. She was found dead on March 28. “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 complaint states. “Kelley’s death was caused by, and was the direct, proximate, and foreseeable result of, the Defendants’ actions and inactions.”
The complaint names EBCI Holdings, which operates the casino, Vici Properties, which owns the physical property, Caesars Entertainment, and unidentified servers as defendants. The plaintiffs’ attorneys allege negligence, wrongful death, loss of consortium, and a violation of the Indiana Dram Shop Act, a state statute that allows for civil damages against a licensed liquor establishment for serving alcohol to a visibly intoxicated person if that person’s intoxication leads to death or injury.
Kelley’s estate and her husband are seeking financial damages, funeral expenses, and legal fees. “As a result of the gross and unconscionable actions of the Defendants, the wrongful death of Kelley has devastated Kelley’s estate and beneficiaries, caused her husband and child to suffer immense emotional harm, and the loss of love and affection of Kelley,” the complaint reads. In addition to her husband, Kelley leaves behind a two-year-old daughter.
Although the lawsuit does not specify the details of how Kelley died, local media reports suggest she choked on her vomit. The defendants have not yet responded to the complaint, according to federal court records.
EBCI Holdings continues to operate the Indiana casino under the Caesars name through a licensing agreement with Caesars Entertainment. The tribal entity acquired management rights to the casino in August 2021 for $250 million. The casino, which features 1,100 slot machines, 70 live dealer table games, and Caesars Sportsbook, is leased from Vici. Caesars Southern Indiana is also part of the Caesars Rewards network.
The lawsuit does not reference Kelley’s toxicology report, which indicated “acute multi-drug intoxication,” including an alcohol overdose and the presence of fentanyl. Fentanyl is a potent opioid widely recognized for its role in the opioid epidemic. Attorney Greg Simms, representing the plaintiffs, stated to the Louisville Courier-Journal that the casino and its owners remain liable because “if you serve someone alcohol when they’re visibly intoxicated and that alcohol is a contributing factor [in injury or death], it doesn’t have to be the entire reason.”
According to Alcohol.org, a website by American Addiction Centers, alcohol-induced comas and sudden death typically occur when the blood alcohol content reaches 0.30 or higher. At levels between 0.20-0.29%, blackouts begin, leading individuals to participate in events they do not remember.