ST. LOUIS — A St. Louis County couple has filed a federal lawsuit against Ameristar Casino St. Charles, alleging that unsafe conditions at the casino exposed one of them to Legionella bacteria, causing him to contract Legionnaires’ disease and suffer permanent organ damage.
According to the complaint filed last month in the U.S. District Court for the Eastern District of Missouri, Taiwan Oliphant and his wife, Angela Oliphant, allege that Taiwan Oliphant was exposed to contaminated water while visiting the casino on or about September 20.
The suit alleges that Taiwan Oliphant, a 49-year-old Missouri resident, was playing at a roulette table in the early evening when he felt liquid dripping onto him from above.
After he reported the moisture to casino employees, a bucket was placed underneath the leak, but the condition allegedly continued to expose him to water containing Legionella bacteria, the complaint states.
Within days of the visit, Taiwan Oliphant became ill, developed a fever and his condition worsened until he and his wife sought care at an urgent care clinic on October 1.
He was transported by ambulance to a hospital, where he was diagnosed with pneumonia and Legionnaires’ disease and treated with intravenous antibiotics. He was discharged on October 3, according to the filing.
The plaintiffs allege that as a direct result of the illness, Taiwan Oliphant suffered “serious and permanent damage” to his liver and kidneys, has ongoing medical needs, has been unable to return to work and has suffered lost income, medical expenses, pain and suffering and loss of enjoyment of life.
The lawsuit asserts that Ameristar owed a duty to maintain its water, HVAC and related building systems in a reasonably safe condition and to protect invitees from unreasonable risks.
The plaintiffs allege that the casino breached that duty by failing to properly inspect, monitor, clean, disinfect and maintain its systems, failing to implement adequate Legionella prevention programs, failing to train employees to recognize hazards, failing to warn patrons and failing to remediate dangerous conditions.
The complaint further invokes the doctrine of res ipsa loquitur, asserting that Legionnaires’ disease does not ordinarily occur absent negligence and alleges that the casino’s conduct was the direct and proximate cause of Taiwan Oliphant’s illness and injuries.
Angela Oliphant brings a loss-of-consortium claim, alleging that as a result of her husband’s illness she has suffered the loss of his companionship, support and services, as well as emotional distress.
The plaintiffs ask the court to enter judgment against Ameristar Casino St. Charles for damages exceeding $75,000, along with pre- and post-judgment interest and other relief deemed appropriate. They are represented by David T. Butsch and Christopher E. Roberts of Clayton.
U.S. District Court for the Eastern District of Missouri case number: 4:25-cv-01823
