Booten v. Argosy Gaming Co.

848 N.E.2d 141 (2006)

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Booten v. Argosy Gaming Co.

Illinois Appellate Court
848 N.E.2d 141 (2006)

  • Written by Brett Stavin, JD

Facts

Angela Booten and Craig Willeford (plaintiffs) were a housekeeper and a slot attendant, respectively, on the gambling boat the M/V Alton Belle II (Alton Belle), owned by Argosy Gaming Company (Argosy) (defendant). The Alton Belle offered casino gambling pursuant to Illinois’s Riverboat Gambling Act, which allowed gambling on permanently moored barges as well as self-propelled excursion boats. The Alton Belle did not go on excursions, instead offering gambling when moored at the dock. The Alton Belle was connected to the dock by mooring and utility cables, which could be removed within no more than 15 minutes. The boat complied with Coast Guard regulations, it had a full crew, a working motor, and all the necessities of maritime navigation, and it left the dock several times per year for maintenance. Booten and Willeford were injured aboard the boat in separate incidents while performing their respective jobs. Booten and Willeford filed claims against Argosy under the Jones Act, 46 U.S.C. § 688. Argosy moved for summary judgment, arguing that the Alton Belle was not a vessel in navigation under the Jones Act. The lower court ruled in favor of Argosy, and Booten and Willeford appealed.

Rule of Law

Issue

Holding and Reasoning (Goldenhersh, J.)

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