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nov
24

Man who nearly killed girlfriend sues Sands Casino - claims they served him too much booze

Tags: Nicholas Mullin, Sands Casino.
Posted on Thursday, November 24, 2016 by "T".

A Pennsylvanian man spent four years in prison for nearly killing his girlfriend at the Sands Casino Resort Bethlehem is now suing the casino for allegedly serving him too many drinks before the assault.

Nicholas Mullins, age 31, is still on probation for the assault that occurred January 2012. The casino stresses that Mullins alone is responsible for beating up his girlfriend, Caitlin Shields (of Pottsville), so badly that her brain swelled up and she almost died because of it.

However, according to his attorney Stuart Niemtzow, Mullins claimed that he has been the long-term victim in this mess, saying he wound up in prison and cannot find a decent job as a result of his conviction; not to mention having had his nose broken and being kneed in the groin during the altercation.

Niemtzow said, "His life is the one that got ruined here."

Being a Navy veteran, Mullins has claimed to have PTSD (post-traumatic stress disorder) and pleaded guilty to aggravated assault in June 2012. He argues that Sands casino should have known he drank to the point of getting alcohol poisoning at another casino months prior to the incident. He added that his girlfriend was also allowed to drink, even though Niemtzow points out that Sands security knew that she was on probation for drunk driving at that time.

Mullins is suing the casino via the Dram Shop Act, a law written on the books in Pennsylvania and 37 other states. It states that businesses selling alcoholic drinks to visibly intoxicated individuals can be held liable for injuries they suffer as a result. Niemtzow said that Mullins was given 17 drinks before he and his girlfriend returned to their room and got into a fight.

A Northampton County jury heard Mullins' lawsuit on November 14, Monday, before which Common Pleas Judge Paula Roscioli expressed "shock" at Mullin's claim. Roscioli said, Shields "chooses not to file the suit against the Sands, but the man who ended up hitting her and causing her injuries, he wants to be compensated."

Mullins told police that after he lost $800, Shields attacked him, and says he only slapped her in self defense. However, police said a doctor concluded that Shields' head trauma was consistent with being punched repeatedly. She wasn't criminally charged.

Judge Roscioli issued her ruling on the third day of the trial after Mullins' attorneys rested their case. The judge found that it was Mullins alone who was legally responsible for his actions at that time, which the casino could not have reasonably foreseen.

Mullins said he had anticipated his suit will fail, but believes it was still worthwhile, "I wanted to bring attention to the fact that Sands casino over-serves people without care of the consequences. Maybe in the long run, it saves some lives."
Source: http://www.mcall.com/news/local/police/mc-bethlehem-sands-casino-assault-sues-alcohol-20161116-story.html

 


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6 comments for "Man who nearly killed girlfriend sues Sands Casino - claims they served him too much booze"

 doubletop77711/24/2016 10:26:58 AM GMT
I cannot see how it is possible for this guy to win this lawsuit. It is his responsibility to how much he drank and for him to blame the casino for serving him, is very baffling indeed
 T3ddyKGB11/24/2016 11:11:10 AM GMT
what a a$$h0le. beating up his girlfriend then blaming someone else for it. everyone is responsible for him self. i bet someone whos acting like this isnt a better person when hes sobber.
 damosk11/24/2016 11:25:06 AM GMT
This is what the world has come to! No one accepts responsibility for any of their own sh1te and is always looking for some other poor innocent soul to shift the blame onto. Maybe he should think about suing his parents for conceiving him in the first place, cos if he hadn't been born he wouldn't have done this to his girlfriend either!
 pochui11/24/2016 5:13:19 PM GMT
of course it's casino's fault- they made forced him to drink, and it's also taxi drivers fault- he drove him home, and it's his girfriends fault- she put her face right in front of his paws several times. i think he has some serious claims and stands a great chance to win the case, that is if this case is forwarded to north korea's jurisdiction.
 pajalnick11/24/2016 5:26:26 PM GMT
if the person thinks that someone should be held accountable for his crimes that he expects a big surprise ... although in modern America a good lawyer can turn any occasion into the opposite ... but I think common sense will win
 bowie198411/26/2016 12:55:16 AM GMT
Even in modern America - where they sued the tobacco companies because somehow nobody realized tobacco responsible a truckload of bad things which happens to you if you use it - its really hard to sue the company who is making the vodka which in the end gives you drunken stupor let alone sue the place where that vodka was served. Just madness. They obvioulsy wont let this proceed upon further after the preliminary hearings.

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