Ameristar sues Hagan for damages related to casino hotel flooding

Casino sues Hagan for damages related to casino hotel flooding
By MARGARET BAKER
Sun Herald

OCEAN SPRINGS -- Ameristar Casino Hotel in Vicksburg is seeking to recoup unspecified monetary damages in a lawsuit filed against Ocean Springs Alderman James Hagan over an Oct. 28, 2010, flooding incident in his room at the casino hotel, according to Warren County Circuit Court records.

In the suit, Ameristar claims Hagan “turned on the water to the tub and allowed the water to run until the tub overflowed, causing substantial damage to the hotel, including property damage to multiple rooms and portions of the common areas, resulting in lost revenues for those rooms and related loss of revenues for gaming, food and beverage associated with those rooms.

“These damages were proximately caused by the negligent actions of James Hagan, including but not limited to, allowing the tub to overflow.”

Hagan was a Pascagoula building inspector at the time of the incident and was fired from his position there days after Ameristar Casino Hotel filed a report regarding the flooding in Hagan’s room. The initial casino complaint said that the water damaged up to six other rooms.

Hagan at the time was representing Pascagoula at a floodplain manager’s conference at the Vicksburg casino. The suit is requesting monetary damages not only for the damages but also for the lost revenues that occurred as a result.

According to Ameristar Casino’s complaint, a security official was responding to a report of water seeping under the door of Hagan’s sixth-floor room when he found Hagan asleep in the bathtub with the water still running.

“... The water was overflowing onto the floor and into the hallway of the sixth floor and into several rooms (4) ... causing wet carpet ...” with additional water damage suspected in three other fifth-floor rooms. The officer, the report said, repeatedly tried to wake up Hagan. Finally, the report said, Hagan responded, using his foot to turn off the faucet before falling back to sleep.

In a response to the suit filed Friday, Hagan requested “strict proof” of the allegations from the casino hotel.Hagan’s response said, in part, “Other than admitting the date that the defendant (Hagan) was a guest at plaintiff’s property (Ameristar Casino) and that he turned on the water to a tub in his room, ...(Hagan) states that he is without knowledge sufficient to form a belief as to the truth or accuracy of the ... allegations.”

In addition, Hagan says Ameristar is not entitled to monetary damages because the casino already received “full accord and satisfaction from other parties for the incident in question.”

Immediately after the 2010 incident, Pascagoula officials said they had referred information from the initial complaint to the city’s liability carrier to possibly pay for the damages.

At the time of the incident, Hagan told a casino security shift manager he simply fell asleep while running water in the tub. He also told her he felt he was being mistreated and asked whether he’d be accountable for any damages.

In addition to the lawsuit, Hagan is facing charges in Jackson County of child molestation and embezzlement. He was arrested Dec. 1 in that case. He was arrested days later on a charge of possession of child pornography.

Hagan currently is out of jail on bond on those charges.Hagan could not be reached to comment Friday.

Read more here: http://www.sunherald.com/2012/01/13/3685773/casino-sues-hagan-for-damages.html#storylink=cpy