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Order
in the court!
About six months ago, I wrote about a woman who was suing the
New Frontier in Las Vegas. She claimed that a $98,000 jackpot,
hit by another player while she was taking a break from the machine,
was hers.
"It's all nonsense," I noted. "The appearance
of a slot jackpot is governed by a random number generator that
runs continuously...The woman would have had to stop the RNG at
precisely the same time that the winner did, which would amount
to a coincidence of epic proportion. This plaintiff has no legitimate
claim on the jackpot."
The courts saw it precisely as I didthe plaintiff's claim
was denied.
Damn straight! Don't get me wrong. I'm all for players' rights,
beating casinos, and all that. But fair is fair.
Bolstered by my accurate (if obvious) legal call, I'm ready to
tackle a few more of the slot-associated legal cases in the news.
All rise. The Court of Curtis is now in session.
Rancor in Reno
Back in 1996, Cengiz Sengel of California was playing Quartermania
at Reno's Silver Legacy. The reels lined up, and Cengiz celebrated
a $1.8 million jackpot.
Not so fast, argued both the casino and the game's manufacturer,
IGT. They charged that a malfunction had caused the machine to
shut down prior to the symbols aligningthe implication being
that it was the malfunction that caused them to line up in the
first place. According to a published account, only one of the
Quartermania symbols was perfectly aligned with the payline. The
other two symbols, while they touched the payline, were not perfectly
aligned.
This is a tough call. If the symbols aligned fairly and the
machine just happened to malfunction simultaneously, Mr. Sengel
is the victim of one of the all-time horrible bad beats. However,
I just can't bring myself to believe that these two occurrences
were independent. Furthermore, that's not the point that should
decide the case. It's not disputed that a malfunction occurred,
and written clearly on the machine is the disclaimer: "Malfunctions
void all pays." Where's the argument?
How can I endorse granting casinos the right to wriggle out
of paying giant jackpots on technicalities, you might be wondering?
Truth is, they don't wriggle as a rule, because they have no incentive
to do so. In cases like this, the casino has already made its
profit, taking its percentage as the progressive builds. The casinos
actually want to pay winners, since the publicity attracts more
players. In a similar case in Reno involving a disputed $112,500
jackpot on a Betty Boop machine, a Bally Gaming official commented:
"We prefer to pay jackpots. But a final ruling that 'close
counts' in slot machines would affect the way slot machines have
been designed and operated for decades."
I agree. Players are aware of the rule, and they accept the
terms going in. Plaintiff's claims in both cases are denied. (By
the way, this is why it's proper to hold all five cards when you're
dealt a natural four of a kind in video poker; it reduces the
possibility of malfunction voiding your win.)
Player's Share?
Mary Iacono and Carolyn Lyons of Houston were best friends. That
is, until Carolyn hit a $1.9 million jackpot during a 1997 trip
to Las Vegas. When Carolyn didn't split the windfall with Mary,
Mary sued for fraud.
The particulars of this tale are convoluted, to say the least.
But according to testimony, Carolyn invited Mary on the trip "because
she was lucky," and offered to pay expenses and split any
winnings. The key legal point is that there was no written agreement,
so the (real) courts will rule for Carolyn. Gambling court, however,
sees it differently.
There's no way of knowing what the agreement really was, but
for at least some period of time, Mary was loading the machine
with coins while Carolyn was pulling the handle. Sounds like a
collaborative effort to me, and in gambling, there's an ironclad
code when it comes to partnerships, oral or otherwise: Agreements
are honored.
Is Mary entitled to half of Carolyn's win? Get real; her contribution
was next to nothing. Fact is, they're both being greedy. The court
rules that Mary is entitled to a player's share. Make it 10% and
log a $190,000 judgment for the plaintiff. (The lesson here should
be obvious: Put your agreements down on paper. Not only will you
have a record for protection, but you'll pay more attention to
what it is you're agreeing to.)
Get a Clue
For some reason, a group of crazed Kansas City riverboat slot
players decided to chase a $130,000 jackpot on a bank of $5 Double
Wild Cherry machines. During the course of what's described as
an intense three-week marathon, the players were all gutted. The
players are mad, charging that the machines were fixed, malfunctioning,
or otherwise not giving a fair shake.
During this time, the casino gave the players the high-roller
treatmentanother bone of contention. Lawsuit, anyone? Don't
bother; you have no case.
The machines are engineered to beat you. And the casino's job
is to keep you there. Blowing all your dough on a progressive
pipe-dream is criminal all right, but the casino's not the culprit.
Let's all keep our heads.
The Court of Curtis is in recess.
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