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Monday, March 17, 2008
Ind. Courts - "Woman sues casino for flea bites under maritime law"
Grace Schneider has this interesting story today in the Louisville Courier Journal. Some quotes:
For nearly six years, the 5,000-passenger Glory of Rome riverboat that serves as the Caesars Indiana casino has seldom moved from its Harrison County dock.But is it still a boat?
Lawyers for a former employee say it is, and they're seeking unspecified damages under federal maritime law for the woman's claims of serious medical complications caused by flea bites while she worked as a dealer at Caesars' poker tables.
The lawyers representing Tina Conder say the stakes are huge because the case could rewrite how American gambling boats are regulated and determine whether their workers are covered under the federal Jones Act. The 88-year-old law provides substantially higher benefits to injured maritime workers than they could expect to get under state workman's compensation laws. * * *
Conder sued in April 2005 seeking damages for medical expenses, legal fees and pain and suffering. While casino workers have seldom prevailed in past cases invoking maritime law, Conder cleared an initial hurdle when a local judge concluded she was covered. * * *
In her lawsuit, Conder claims the large steroid doses used to suppress her reaction to the flea bites caused two heart attacks. The suit accuses the casino of negligence for failing to maintain a seaworthy vessel in accordance with the Jones Act.
Enacted in 1920, the Jones Act ensures that maritime workers who risk the perils of sea duty receive ample compensation for injuries. Lawyers say claims made under the act generate generous benefits for "maintenance and care" -- paying medical fees and full back wages.
In December, Harrison Circuit Judge H. Lloyd "Tad" Whitis dealt Caesars a setback, ruling that Conder's duties as a dealer were part of the riverboat's mission of gambling and that she was a Jones Act seaman.
Caesars filed an appeal putting the case on hold while the state appeals court reviews the judge's ruling. The appeals court is expected to rule sometime this year.
Conder's lawyers expect the case to wind up in federal court.
Isaac Soileau, a New Orleans lawyer who is co-counsel for Conder, acknowledged that other cases -- including one in Indiana involving Belterra Casino upriver from Louisville -- have unsuccessfully sought to give casino workers Jones Act status.
But "we think those (rulings) are aberrations," Soileau said.
Many states now allow casinos to dock indefinitely, he said, but the boats don't lose their classification as a vessel unless they are placed in dry dock or a cofferdam. * * *
In a motion filed with the case, Caesars lawyers noted that the Chicago-based 7th U.S. Circuit Court of Appeals rejected an Illinois casino worker's attempt to claim Jones Act benefits. The court said that since the boat was an "indefinitely moored dockside casino" it no longer qualified as a vessel in navigation.
Posted by Marcia Oddi on March 17, 2008 07:27 AM
Posted to Indiana Courts