A Wynn employee's lawsuit, accusing the resort of creating an unsafe work environment due to second-hand smoke, can go forward and seek class-action status, an attorney for the Wynn dealer announced Wednesday.
Senior Nevada U.S. District Court Judge Lloyd George denied a motion by Wynn Resorts' attorneys to dismiss the complaint filed by Wynn dealer Kanie Kastroll. Wynn sought dismissal on the grounds the resort had no duty, under Nevada law, to protect employees from the dangers of second-hand smoke. Wynn Resorts also argued that Kastroll should not be allowed to pursue class action status because she failed to meet the qualifications of a class.
The case was filed a year ago in Nevada.
Jay Edelson, Kastroll's Chicago-based lawyer, said he hopes to file for class action status within 90 days. "I think this ruling is not just a victory in the Wynn case, but for employee rights around the country," Edelson said Wednesday.
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