Father Sues Argosy Casino, Driver After Son Killed in DWI Crash

In Sept. 2024, a 25-year-old woman, Emily A. Davis, was accused of driving drunk, hitting a cyclist, and killing him. 

Now, the father of the person killed has filed a wrongful death lawsuit against Davis and the location that served her alcohol, according to court records. 

The father, Anthony Anderson, 54, filed the lawsuit on Tuesday in Platte County against Davis, Argosy Casino Hotel & Spa on 777 NW Argosy Casino Parkway, PENN Entertainment Inc., GLP Capital, Gaming and Leisure Properties, and Missouri Gaming Company. 

Anderson’s complaint alleges that the staff knowingly served Davis while visibly intoxicated.

This lawsuit comes after the family of an 8-year-old boy in Atlantic City, New Jersey, sued Tropicana Atlantic City, alleging that the driver who killed their son was also knowingly overserved. 

Hotel Accused of Overserving Driver Before Fatal Crash

The suit alleges that Davis had been a guest at the Argosy Casino Hotel & Spa in Riverside, Missouri, and was served alcohol to the point that she was intoxicated. She claimed to have shown signs of impairment, such as slurring her speech, blurry eyes, and poor coordination, yet the staff continued to serve her, per the suit. 

Anderson’s suit argues that the casino and the operators violated Missouri liquor laws and failed to protect Davis and the public. The suit cites the idea of calling a cab for Davis to prevent her from driving. 

“This is about justice for the family and Xavier Alexander,” said Anderson’s lawyer, Lee R. Hardee III, to the Star. “We are actively gathering additional information and intend to pursue full accountability.”

Crash Details and Criminal Outcome

On the morning of Sept. 16, 2024, Anderson’s son, Xavier, a 25-year-old, was riding his bike along NW Tullison Road when he was struck by Davis in a Chevy Cruise sedan.

Anderson was thrown from the bike and died later at the hospital at around 9 am. 

Missouri State Highway Patrol responded to the scene and arrested Davis after smelling alcohol, noticing glassy eyes, and after she struggled with sobriety tests. 

Davis did admit to drinking hours before and had a blood alcohol level of 0.164, which is twice the legal limit. 

This past March, Davis pleaded guilty to felony DWI resulting in death. She was sentenced to 10 years in prison. 

Anderson is seeking $25,00 in damages for emotional distress, funeral costs, pain and suffering, and other related expenses. 

PENN Entertainment hasn’t commented, citing pending legal proceedings.