Kelly v. Int'l Games Tech.
| Docket Number: | 2002-CA-00333-SCT | |
| Supreme Court: | Opinion Link Opinion Date: 06-10-2004 Opinion Author: Dickinson, J. Holding: AFFIRMED IN PART AND REVERSED AND RENDERED IN PART |
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| Additional Case Information: |
Topic: Gaming - Lump sum payment - Section 75-76-165(2) Judge(s) Concurring: Smith, C.J., Waller, P.J., Carlson and Graves, JJ. Judge(s) Concurring Separately: Cobb, P.J. Non Participating Judge(s): Diaz, J. Dissenting Author : Cobb, P.J., Dissent Joined By : Easley, J Concur in Part, Dissent in Part 1: Cobb, P.J. Concurs in Result Only: Easley, J. Procedural History: Admin / Agency Judgment Nature of the Case: CIVIL - STATE BOARDS AND AGENCIES |
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| Trial Court: |
Date of Trial Judgment: 01-28-2002 Appealed from: Harrison County Circuit Court Judge: Stephen Simpson Disposition: Held that the jackpot should be paid out periodically. Case Number: A-2402-98-00034 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Nancy Kelly |
BETSY E. WALKER
JAMES ROBERT MURRELL, III |
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| Appellee: | International Games Technology | SCOTT E. ANDRESS BEN HARRY STONE PAUL J. DELCAMBRE |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Gaming - Lump sum payment - Section 75-76-165(2) |
| Summary of the Facts: | As Nancy Kelly was playing a progressive video poker machine at Treasure Bay Casino, she hit a Royal Flush which resulted in a win of slightly more than a quarter-million dollars. A dispute arose, and the trial determined that the regulations of the Mississippi Gaming Commission applied as the method of payment in this matter, finding that Kelly should be paid in twenty equal annual installments, rather than in a lump sum amount. Kelly appeals. |
| Summary of Opinion Analysis: | Kelly argues that section 75-76-165(2) transforms her jackpot of twenty periodic payments to a single, lump-sum payment. Section 75-76-165(2) requires the licensee to pay the full amount of the patron’s claim, including interest, within twenty days after a final, nonappealable order of a court of competent jurisdiction so directs. Contrary to the position taken by Kelly, the statute provides that Kelly must be paid her “claim,” that is to say, her legitimate claim. The jackpot she won was clearly described on the face of the machine provided that she would be paid in 20 equal annual installments. That is her legitimate claim. Although Kelly argues that IGT should pay attorney’s fees, she offers no supporting argument or evidence to support her claim. The circuit court is reversed insofar as it held that the gaming regulations control whether Kelly’s jackpot should be paid in periodic payments or a lump sum. |
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