Boomtown Casino & Hotel New Orleans
NEW ORLEANS – A New Orleans casino wants a wrongful death lawsuit filed against it moved to Louisiana federal court.
Defendant Louisiana-I Gaming, doing business as Boomtown Casino & Hotel New Orleans, filed its notice of removal Oct. 1.
Boomtown argues in the six-page notice that the lawsuit should be moved from the 24th Judicial District Court for the Parish of Jefferson to the U.S. District Court for the Eastern District of Louisiana.
Plaintiff Zuri M. Vallery filed her wrongful death lawsuit in the 24th Judicial District Court Aug. 21. She alleges her father, Rickie Johnson Jr., died Aug. 18, 2024 as a result of Boomtown’s negligence.
In its removal notice, Boomtown argues complete diversity exists between the plaintiff – a citizen of Georgia – and the casino – a citizen of both Delaware and Pennsylvania.
While Vallery did not assign monetary values for the damages sought in her petition – pain and suffering, grief and humiliation, mental anguish, emotional distress, loss of aid and assistance, medical and funeral expenses, among others – Boomtown points out she tendered an initial settlement demand that “far exceeds” the $75,000 threshold.
In federal court, the “amount in controversy” refers to the monetary value of a plaintiff’s claim. This must exceed $75,000, exclusive of interest and costs, for diversity jurisdiction.
According to Vallery’s original filing, on or about Aug. 18, 2024 Johnson was a patron at Boomtown. He was seen on camera getting out of an Uber and entering the casino, walking around the facilities.
Footage also showed Johnson wandering up a flight of stairs that led to the casino’s rooftop. The door that led to the rooftop automatically locked after the door closed and could only be exited with a key. This left Johnson stuck on the roof, according to his daughter’s filing.
Days later, on Aug. 21, 2024, a maintenance worker found Johnson’s body. According to Vallery’s lawsuit, lifesaving aid could not be rendered as his body was “badly decomposed and scorched by the sun.”
Vallery contends Boomtown failed to secure the stairwell, to implement a safety protocol for such a situation, and to provide adequate surveillance on the rooftop, among other acts of negligence.
New Orleans firm Murphy Rogers Sloss Gambel & Tompkins are representing Boomtown in the action. Tony Dooley of The Dooley Law Office in Gretna, La., is representing Vallery.
