A Las Vegas gambler has filed a negligence lawsuit against the Bellagio, alleging the casino’s security staff failed to protect him after he was assaulted by three people who tried to claim his jackpot winnings.
According to a complaint submitted Friday to the Clark County District Court, plaintiff Joel Vargas-Gutierrez accuses the Bellagio of negligence and negligent security, saying the resort’s staff did not intervene during an altercation that left him injured. He also filed claims of assault, battery, and intentional infliction of emotional distress against three unidentified individuals.
Vargas-Gutierrez is seeking damages exceeding $15,000, along with attorney’s fees, legal interest, punitive damages, and any additional relief deemed appropriate by the court. MGM Resorts International, which operates the Bellagio, did not immediately comment on the lawsuit.
The complaint states that Vargas-Gutierrez, a regular Bellagio patron, was gambling on December 12 when he won a $2,600 jackpot on a Mummy-themed slot machine. Because of the jackpot’s size, a casino attendant had to verify and process the payout. While waiting, Vargas-Gutierrez moved to another nearby slot machine to continue playing.
The lawsuit alleges that while he was waiting, two men and a woman approached the original slot machine and began celebrating the prize as their own. Vargas-Gutierrez claims he confronted them to clarify the win was his but was “immediately met with hostility and threats.” According to the filing, the group repeatedly told him to leave and insisted that the jackpot belonged to them.
The situation escalated when one of the men stepped toward Vargas-Gutierrez in a threatening manner, the lawsuit said. Feeling outnumbered, Vargas-Gutierrez “swung to protect himself” in what he described as self-defense. A bystander attempted to step in, but the complaint contends that no Bellagio security guards were present to de-escalate the confrontation.
The lawsuit further alleges that the woman then “slapped” Vargas-Gutierrez, sparking a second altercation in which the two men tackled him to the ground. Security personnel, the filing claims, only arrived after Vargas-Gutierrez had been repeatedly attacked.
“As a direct result of the incident, Mr. Vargas-Gutierrez has suffered physical injuries, and mental and emotional distress which required professional medical treatment and he continues to deal with these symptoms to the present day,” the lawsuit states.