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Oct. 22, 2009
Copyright © Las Vegas Review-Journal

Wynn employee, tired of dealing with smoke, sues

Lawsuit claims unsafe conditions on casino floor

By VALERIE MILLER
LAS VEGAS BUSINESS PRESS

Wynn Las Vegas dealer Kanie Kastroll says secondhand smoke at the casino has brought about numerous health problems for her.
Photo by K.M. Cannon.

A Wynn Las Vegas employee is suing the hotel-casino, claiming it is an unsafe workplace because of secondhand smoke.

The federal lawsuit filed Tuesday, which seeks class action status, alleges the casino encouraged patrons to light up and disciplined workers if they complained.

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    • The court filing by Wynn dealer Kanie Kastroll accuses Wynn Las Vegas of breaching its duty to provide a safe workplace for employees and seeks damages of more than $5 million.

    Kastroll has suffered asthma and other health problems while working for Wynn, her lawyers allege. Kastroll has retained Chicago-based class action law firm Kamber Edelson.

    The firm may be best known for its class action lawsuit against the makers of the Thomas the Tank toy. That lawsuit, which was based on claims the toy used lead paint, was settled for $30 million.

    Wynn Las Vegas is the second major resort operator to be hit with a lawsuit recently because of secondhand smoke dangers.

    Kamber Edelson is representing a former Harrah's Entertainment employee in a similar complaint filed this summer against Harrah's and Caesars Palace. Kamber Edelson attorney Jay Edelson called the cases "similar," but claims Wynn also failed to protect pregnant employees from cancer-causing smoke.

    "Frankly, that makes me sick," he said. "I didn't hear that (from pregnant) Harrah's employees."

    Wynn Resorts did not have a policy to protect pregnant workers from secondhand smoke, according to the complaint. That decision was left to their individual supervisors' discretion.

    Wynn spokesman Ean Tivon said the company would not comment on the lawsuit.

    Kastroll, a four-year employee of Wynn, says she decided to sue her employer to protect her health and that of her fellow employees and nonsmoking customers.

    "I thought it was way overdue. I was concerned about my health and that of my co-workers," she said. "Customers come up to me all the time and ask for nonsmoking."

    Wynn has a smoke-free poker room. However, Kastroll deals "multiple games" and usually works in a smoking environment.

    "Only customers can request a smoke-free table," she said.

    The lawsuit also alleges that Wynn Las Vegas allows gamblers to blow smoke directly in the faces of its dealers, and forbids the dealers from protesting. If casino patrons ask employees if they can smoke, the employees are required to say yes, according to the lawsuit.

    The lawsuit also notes that the resort encourages smoking by offering free cigarettes to gamblers.

    Employees could be disciplined if they disobeyed any Wynn policies, the lawsuit claims.

    "Dozens of Wynn employees were interviewed over the past six months, and the type of health problems ranged from headaches and asthma to lung cancer, Edelson said.

    Kastroll's asthmatic condition was "exacerbated" by the secondhand smoke she was exposed to on the job, according to the complaint. She also allegedly suffered from shortness of breath, dizziness and nausea.

    "I didn't have asthma when I came to Wynn," she said. "I can't say what caused it. Probably 20 years in casinos."

    Making casinos smoke-free is not the goal of the litigation, the lawyer maintained. The purpose of the lawsuit is to force the resort to protect its employees at the same level as most other Las Vegas casinos do, Edelson said.

    "Other resorts have better ventilation systems and some nonsmoking tables," he explained. "Wynn just has to do things as well as the other casinos."

    The lawsuit against Wynn Las Vegas resulted from the Harrah's lawsuit, Edelson said.

    "When we filed, we started getting all these calls from other casino workers, and the overwhelming number were about Wynn."

    Contact reporter Valerie Miller at vmiller@ lvbusinesspress.com or 702-387-5286.

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    E Kobesan wrote on October 28, 2009 09:59 AM: She should be thanking Steve Wynn for her "southwest home". I just did a quick search and found she bought her new home in July 2005, what a coincidence.... just ninety days after The Wynn Resort opened and she started raking in the tips.


    Facts Are Facts wrote on October 27, 2009 07:22 AM: Smokers suck

    I don't smoke now, but I did smoke for almost 30 years. I have a right to enter any establishment that is open to the public. I also have the right to not enter them. Wynn has always been a smoking friendly business. The employees knew this when they were hired and have the right to quit. They can seek employment in non smoking establishments.

    There has been no death certificates that list second hand smoke as the cause of death. People die of lung cancer that have never been around smoke. The air outside can cause asthma. So can carpet fibers, dust, perfumes, and many additional airborne pollutants.


    wettap wrote on October 25, 2009 06:40 AM: this will continue until the insurance companies make policies too expensive for employers to allow smokers on their property.


    Smokers suck wrote on October 24, 2009 01:04 AM: You do know that they banned smoking in the workplace many years ago. So my question is isn't a casino, or bar, or whatever a workplace? People work there right? Does that not make it a workplace?

    Make it a federal ban and then no one can whine that anyone else is getting a better shake then they are.

    Smoking is a privelege, not a right people. You don't have a right to smoke, but we have a right to breathe clean air. Why should I not be able to enjoy myself just so smokers can kill themselves and everyone around them? What can you possibly get out of smoking? There's no high, it doesn't taste good, you stink.... tell me where is the positive to this?


    Ryan Downs wrote on October 23, 2009 06:28 AM: Maybe they should build a community that is nothing but smokers - non smokers are not allowed in.


    Craig wrote on October 23, 2009 06:04 AM: If this person wins, that leaves casinos open for more lawsuits, from staff and guests...I am not aware of any previous cases like this, but if so, then it is about time.


    The Clash Blog wrote on October 23, 2009 12:18 AM: Lunatic

    Did you enter the casino before you signed up for the job?

    Read more here...

    http://www.theclashblog.com/joe-strummer-would-have-winced/


    j wrote on October 22, 2009 11:48 PM: Then why do you choose to work there?? Maybe the 20 years has finally caught up with you. You are a pathetic example. Your case is a joke! If you really want to do something than go work somewhere else!! Go earn your money instead of trying to sue. You're absolutely ridiculous. You make a choice to go to work, remember that!


    Bryan wrote on October 22, 2009 11:45 PM: Give me a freaking break woman!!! You are worried about you and your co-workers health??? Oh PLEASE!!! All you want is money, your greedy just like everyone else. You knew damn well going into a casino dealer job that you have to deal with second habd smoke from customers, did you not? Why wait until now to sue? You can do other things besides work in a casino. Choose a different profession, go to school, move out of state. Get a life!


    Stripper wrote on October 22, 2009 07:32 PM: Great idea! As a stripper, I'm going to sue as well. NO MORE SMOKING IN STRIP CLUBS.


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