The Last Harrah

Here’s a good lawsuit. Arelia Margarita Tavares, a former lawyer in the New York area is suing seven New Jersey Casinos for 20 million dollars. It seems she lost over one million dollars and she blames the casinos, saying they owed her a duty of care as she passionately gambled away her money.  

If she wins, I think it will open the floodgates nicely for many of us. I for one will beat a path to the courthouse before you could say, “Craps”.   In fact in anticipation of Arelia’s success I have already drafted up my statement of claim:

The plaintiff pleads that the said defendants beached their fiduciary duty to the plaintiff  to ensure that he came out a winner at their casino. Particulars of their breach of duty are as follows:

a) On one occasion the plaintiff pulled a 19 at the Blackjack tables.  The dealer pulled a 20.  Notwithstanding this incident, the dealer kept on dealing cards to the plaintiff knowing that he would be risking losing more money.

b) On another occasion, the dealer pulled an 18 and the plaintiff puled a 19.  The defendant’s dealer knew or ought to have known that this victory by the plaintiff would constitute an allurement and an enticement to gamble further and it should have requested the plaintiff to leave the casino forthwith;

c) The plaintiff on one occasion lost $5 in a row in one of the defendant’s slot machines.  The plaintiff pleads that the defendant knew or ought to have known that the odds were in the defendant’s favour and that this devastating loss was reasonably foreseeable.  

d) The plaintiff pleads that he works hard for his money.  He claims that he lost $50 on another evening and that he received no consideration for this money.  He pleads and relies on the Carbolic Smoke ball case.

e) The plaintiff claims that on that same evening he bet $10 at the roulette wheel on number 23.  Unfortunately number 14 came up and he lost his bet.  The plaintiff pleads that the defendant knew that his bet was a long shot and that the croupier was in breach of his fiduciary duty to so warn the plaintiff. The plaintiff claims that the croupier’s breach of duty to him caused him great mental shock and distress.

I have no doubts about the outcome of Arelia’s court action.  I’ll bet on it.