A father has filed a wrongful death lawsuit against Argosy Casino Hotel & Spa Kansas City, PENN Entertainment, Gaming & Leisure Properties Inc., GLP Capital, Missouri Gaming Company, and the woman who struck and killed his son with her car.
25-year-old Emily Davis hit Xavier Anderson, also 25, at about 5:30am on September 16, 2024 while he was riding his bike on NW Tullison Road, just after she left the casino. He was declared dead a few hours later.
blew a blood alcohol level of 0.164, more than twice the legal limit
At the scene, Davis failed several sobriety tests and blew a blood alcohol level of 0.164, more than twice the legal limit. She admitted to police that she had been drinking from 10pm to 2am.
In the lawsuit, Anthony Anderson, Xavier’s father, says that Argosy employees were aware that Davis was “visibly intoxicated,” yet continued to serve her and allowed her to drive, rather than calling her a cab. She allegedly displayed the telltale signs of drunkenness, including slurred speech, impaired coordination, and “mental dysfunction.”
“This is about justice for the family and Xavier Alexander,” Anderson’s lawyer, Lee R. Hardee III, told The Kansas City Star. “We are actively gathering additional information and intend to pursue full accountability.”
Davis has already pleaded guilty to driving while intoxicated leading to another person’s death and has been sentenced to ten years in prison. Anderson is seeking $25,000 in damages.
