The estate of Michelle Kelley has filed a lawsuit against Caesars Southern Indiana Hotel & Casino, claiming that her death was caused by being overserved alcohol at the resort in March.

Kelley died at the Elizabeth, Indiana, on March 28, after she was allegedly overserved alcohol while visibly intoxicated.

Lawsuit Seeks Compensatory, Punitive Damages from Casino Owners

According to the lawsuit, casino employees served at least 17 drinks to Kelley before her death. Court records note that toxicology reports found that Kelley’s blood alcohol concentration was .222, nearly three times the legal limit for driving in the state.

As outlined in the complaint, the events of Kelley’s death came at the end of a trip to the casino resort, which began on March 26. Kelley and her husband, Jason Kelley, were visiting the casino from Westerville, Ohio, where their family lives.

The lawsuit names Caesars Entertainment, EBCI Holdings, Vici Properties, and “Unknown Servers” as defendants in the case. 

EBCI Holdings is a subsidiary of the Eastern Band of Cherokee Indians in North Carolina, the tribe that owns Caesars Southern Indiana. Vici Properties is a real estate investment trust for Caesars and leases the property to the EBCI.

Jason Kelley and the estate of Michelle Kelley are seeking compensatory damages from the defendants for medical expenses and funeral costs. They are also seeking punitive damages, which they say would show there is a punishment for such behavior in the future.

“This lawsuit is not just about seeking damages; it’s about ensuring that no other family has to endure this pain,” Gregory Simms, an attorney representing the Kelley family, said according to Law.com. “We hope to bring about change in how establishments manage alcohol service to prevent tragedies like this in the future.”

Lawyers: Case Will Be Difficult to Prove for Plaintiffs

However, Law.com also quoted attorneys with expertise in cases such as these who say that the Kelley family faces an uphill battle in receiving compensation from the casino or its employees.

“In Indiana, the burden is on the plaintiff to demonstrate that the establishment knowingly served alcohol to someone who was visibly intoxicated,” trial attorney A. Dax Bellow of law firm Stewart Tilghman Fox Bianchi & Cain told Law.com. “If they do not carefully navigate the litigation, the case can easily be dismissed by the Court before a jury trial can be had.”

The findings from Kelley’s autopsy could also create issues for the case. 

According to a report by the Louisville Courier-Journal, Kelley’s toxicology report found “acute multi-drug intoxication,” with the opioid fentanyl also found in her system. Simms has argued that alcohol only has to be a contributing factor to the death, not the sole cause, for the casino to be liable for Kelley’s death.

According to an obituary on Legacy.com, Michelle Anne Kelley was 43 at the time of her death. She is survived by her husband Jason and four children and was working as a stay-at-home mother for the family’s youngest daughter, Oaklee.