Man assaulted at Strip casino-resort over jackpot win, lawsuit claims

A Las Vegas resident is suing the Bellagio casino-hotel for negligence, claiming he was threatened and physically assaulted for his gambling winnings at the property.

According to a lawsuit filed in the Clark County District Court on Friday, plaintiff Joel Vargas-Gutierrez alleges he was attacked by three individuals who attempted to claim his gambling winnings at the Bellagio and security failed to intervene. He is suing the Bellagio on two counts of negligence and negligent security and the three individuals on three counts of intentional infliction of emotional distress, assault and battery.

Vargas-Gutierrez is asking for judgement in excess of $15,000; all costs and attorney’s fees; interest at the legal rate; punitive damages; and any other relief deemed just and proper.

MGM Resorts, which operates the Bellagio, did not immediately respond to a request for comment.

Case details

In the lawsuit, Vargas-Gutierrez said he visited the Bellagio where he gambles regularly on Dec. 12 and won a $2,600 jackpot playing a Mummy-themed slot machine. Because of the amount of the jackpot, he was required to wait for an attendant to process the payout. As he waited, Vargas-Gutierrez moved to another slot machine within eye shot to continue playing.

As he continued to play while waiting, a group of three individuals, two men and one woman, approached the original machine where he won the jackpot and “upon seeing the jackpot prize displayed they began loudly claiming they had won,” the lawsuit stated.

The lawsuit stated that Vargas-Gutierrez approached the group to tell them it was his jackpot and was “immediately met with hostility and threats,” from the individuals, and was repeatedly told to leave and the jackpot belonged to them.

While trying to “amicably resolve the issue,” one of the men in the group stepped toward Vargas-Gutierrez in a “threatening manner and, being outnumbered and acting in self-defense, Mr. Vargas Gutierrez swung to protect himself,” the lawsuit claims. An altercation unfolded and a bystander attempted to intervene, the lawsuit alleges.

“Unfortunately, security guards were still not present to prevent further aggression and tension on the casino floor,” the lawsuit alleges.

Then, the woman in the group “slapped” Vargas-Gutierrez, which led to a second altercation, the lawsuit alleges. Vargas-Gutierrez was then tackled to the ground by the two men, the lawsuit alleges.

According to the lawsuit, security only arrived after the individuals “continued attacking” Vargas-Gutierrez.

“As a direct result of the incident, Mr. Vargas-Gutierrez has suffered physical injuries, and mental and emotional distress which required professional medical treatment and he continues to deal with these symptoms to the present day,” the lawsuit alleges.

Contact Emerson Drewes at edrewes@reviewjournal.com. Follow @EmersonDrewes on X.