CHARLESTON – A Kentucky couple says they were overserved at a Mardi Gras Casino and Resort, leading to the woman sustaining life-threatening injuries on an escalator at the resort.
Steven and Sherri Lyon filed their complaint June 9 in Kanawha Circuit Court against Cross Lanes Gaming and Entertainment Inc. dba Mardi Gras Casino and Resort and casino bartender Nikki Israel.
“Right now our focus is to pray for a speedy recovery,” attorney Michael Cary told The West Virginia Record. “This was a serious incident with extensive injuries. The casino did not follow their own policies and procedures and should be held accountable.”
Cary
On April 19, the couple visited the casino and were staying at the adjoining resort. The complaint says they spent the evening playing games and enjoying the amenities of the resort. In the late hours of the night, the plaintiffs say Israel knowingly served alcohol to the couple despite them both being visibly and highly intoxicated.
Around 10:30 p.m. while returning to their room, the plaintiffs were using the hotel escalator when Sherri Lyon lost her balance and fell backward down the escalator. She required medical treatment first at King’s Daughters Medical Center near their home, but she later was transferred to Cabell Huntington Hospital’s trauma unit for a weeklong stay.
Sherri Lyon fractured six ribs and a pneumothorax. She also was listed in critical condition and required a chest tube to treat a collapsed lung.
The couple accuses the defendants of negligence, premises liability, negligent infliction of emotional distress as well as negligent hiring, supervision and retention. Steven Lyon also sued for loss of consortium.
They seek compensatory damages, punitive damages, consequential and other derivative damages, general damages, pre- and post-judgment interest and other relief.
They are being represented by Cary of Cary Law Office in Charleston. The case has been assigned to Circuit Judge Kenneth Ballard.
Kanawha Circuit Court case number 22-C-472
