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Casino employees continued playing, ignored Florida lawyer who slumped over blackjack table after cardiac arrest: Lawsuit


Left: The Wynn Las Vegas and Encore are seen Tuesday, June 17, 2014, in Las Vegas. The properties are owned and operated by Wynn Resorts (AP Photo/John Locher). Right: David Jagolinzer (via Christian Morris).

The family of a Florida lawyer says that he was ignored by a card dealer and security employees at a Las Vegas casino for almost 20 minutes after suffering cardiac arrest at a blackjack table — and that delay ultimately led to his death.

David Jagolinzer, 48, experienced cardiac arrest while playing cards at the Wynn Las Vegas hotel and casino in April 2022. According to a lawsuit filed on behalf of his wife and children, the blackjack dealer ignored Jagolinzer even after he appeared to have lost consciousness while at the table.

“[W]hile playing blackjack, Decedent’s hand began convulsing, at which point, he collapsed and became slumped over on the blackjack table with his head down,” the complaint says. After that, the complaint continues, as Jagolinzer “was slumped over on the blackjack table,” the Wynn’s dealer “continued to deal cards to another player at the table and continued to play blackjack.”

This went on for several minutes, according to the lawsuit.

“[S]ecurity employees for Defendant Wynn were able to observe on the live security footage both the medical episode of Decedent and his unconscious state at the table for over 20 minutes and did nothing to attend the Decedent,” the complaint says.

The complaint also notes that it violates Nevada gaming law to allow gamblers to “sleep or become unconscious at gaming tables” and that “strict policies and procedures are in place to immediately remedy unconscious/passed out or sleeping individuals at a gaming table.”

Those rules were ignored, the lawsuit says.

“[I]nstead of checking to see of Decedent required medical attention, employees of Defendant Wynn began counting out his casino gaming chips and were focused on the economic accounting of money and gaming chips and not his physical wellbeing,” the complaint alleges.

Only when a second dealer arrived at the blackjack table, was action apparently taken.

“Dealer 2 immediately realized that Decedent needed medical attention and made remarks that Decedent exhibited discoloration in his skin and appeared not to be breathing,” the complaint says, adding that when security employees arrived at the table with a defibrillator, they weren’t properly trained on how to use it.

Two bystanders — both nurses — stopped to try to render aid until paramedics eventually arrived, the complaint says.

According to the lawsuit, Jagolinzer died six months later from “anoxic encephalopathy,” resulting from a lack of oxygen to his brain.

“[D]ue to the time elapsed until medical treatment was provided, Decedent suffered severe brain damage and eventual death,” the complaint says.

The complaint alleges wrongful death and negligence. The family is seeking an undetermined amount of damages.

“This case is about Wynn’s failure to watch out for the safety and security of their guests because their focus is on their gambling chips,” Morris, the Jagolinzer family’s attorney, told Law&Crime in an email on Wednesday.

She said that she has met with attorneys for the Wynn to view the surveillance footage before filing the lawsuit. She does not anticipate a quick resolution.

“In my experience in dealing with the Wynn in other cases, I expect this to be a long and protracted litigation,” she said.

Jagolinzer’s family hasn’t issued an official statement on the death of their loved one.

“[T]hey do want people to know that something like this should never have happened, and they hope it doesn’t happen to anyone else in the future,” Morris said. “David spent his life fighting for his clients; he loved his work and his family. The loss of his life was a huge loss, not only to his family but to the legal community.”

Jagolinzer was in town for the annual Mass Torts Made Perfect conference, according to the Las Vegas Review-Journal.

“Wynn Resorts will strongly defend itself against the false claims made in this lawsuit,” a representative of the company said in a statement emailed to Law&Crime.

Read the complaint here.

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