Mark Merrill v. Trump Indiana, Inc.

320 F.3d 729 (2003)

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Mark Merrill v. Trump Indiana, Inc.

United States Court of Appeals for the Seventh Circuit
320 F.3d 729 (2003)

  • Written by Tammy Boggs, JD

Facts

Mark Merrill (plaintiff) was a compulsive gambler. In 1996, Merrill entered a treatment facility for his gambling addiction and wrote to Trump Indiana, Inc. (Trump) (defendant), a riverboat casino, requesting to be evicted from the casino if Merrill were ever to show up there. Although Trump was not required to maintain an eviction or exclusion list at the time, Trump placed Merrill’s name on a list. In 1998, Merrill relapsed, and he went back to gambling at Trump. Merrill suffered heavy gambling losses. To continue fueling his gambling habit, Merrill robbed banks in December 1998 and January 1999. Merrill was convicted and imprisoned for his crimes. Thereafter, Merrill sued Trump for negligence, among other claims, alleging that Trump was responsible for over $6 million in damages for failing to exclude Merrill from the casino. The court granted summary judgment to Trump, finding that Trump had not violated a legal duty. Merrill appealed.

Rule of Law

Issue

Holding and Reasoning (Evans, J.)

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