L’Auberge Casino Resort Lake Charles
LAKE CHARLES, La. – The owners of a Lake Charles casino want a lawsuit filed against it – for injuries stemming from an unleashed dog at its resort – moved to a Louisiana federal court.
Defendant Pinnacle Entertainment Inc., based in Wyomissing, Pa., filed its removal notice February 13 in U.S. District Court for the Western District of Louisiana, Lake Charles Division.
Pinnacle claims the Western District of Louisiana is the proper venue, not the 14th Judicial District Court for the Parish of Calcasieu, where plaintiff Eddie Sutton Jr. originally filed his petition for damages.
Pinnacle, doing business as L’Auberge Casino Resort Lake Charles, contends the amount in controversy exceeds $75,000 and diversity of citizenship exists.
The company points out in its seven-page notice that Sutton’s counsel, before filing his petition in January, sent a letter Dec. 11 demanding payment of $92,243.
“This court’s jurisdiction is triggered since the letter reveals that the amount in controversy exceeds $75,000,” the notice states.
Also, Pinnacle claims in its notice that Sutton is a resident of Calcasieu Parish. It also notes that the “Jane Doe” defendant is actually a Houston, Texas, resident named Paula Taylor.
The company argues that since Taylor – while named in Sutton’s petition – has not been served, her consent to removal is not necessary.
According to his Jan. 28 petition, Sutton was a patron at L’Auberge Casino Resort on Dec. 19, 2024. Throughout the day, Taylor also was at the resort, along with her dog, which she “repeatedly” took off its leash in public guest areas on the property, he alleges.
She also parked her vehicle in a no-parking zone for an “extended period of time” without being told to move, Sutton noted in his five-page petition.
“These conditions were open and obvious to casino staff,” the filing states. “L’Auberge personnel knew or should have known that an off-leash dog was being taken through public areas of the casino and nevertheless allowed this conduct to continue without intervention.”
Sutton claims Taylor’s dog “suddenly approached him” in a way that made him feel as though he would be bitten.
“In order to protect himself, Mr. Sutton was forced to lock out his arms, grasp the dog by its collar, and physically push the animal away from his body until its owner was able to come retrieve it,” his petition states.
“This encounter required sudden, forceful, and sustained physical exertion, including back-pedaling, twisting, bracing, and resisting the dog’s forward movement.”
Sutton alleges he experienced “immediate physical symptoms,” including pain in his lower back, knee, shoulder, and right lower leg.
He argues Taylor had a duty to restrain and control her animal, but L’Auberge also had a duty to keep its premises in a “reasonably safe condition.”
“The repeated presence of an off-leash dog in public guest areas, combined with the lack of enforcement of basic safety rules, created an unreasonable and foreseeable risk of harm,” the petition states.
Sutton contends L’Auberge should have taken steps to correct the issues and protect its patrons, and by not doing so the casino was a “substantial factor” in causing his injuries.
According to his complaint, he suffered various injuries, including a lumbar strain, knee pain, a partial tear of his Achilles tendon, and aggravation of a pre-existing shoulder condition.
He seeks damages for past and future medical expenses, physical pain and suffering, mental anguish, loss of enjoyment of life, and functional limitations.
Lake Charles firm Loftin Law Group LLC is representing Pinnacle, while the Law Office of Kamie T. Dominic LLC, also in Lake Charles, is representing Sutton.
