A Southern California man is making headlines for a lawsuit against a Las Vegas casino, claiming the Downtown Grand violated the law by serving him free drinks and allowing him to keep gambling when he was "blackout" drunk. 


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Johnston, 52, ended up losing $500,000 at the tables on Super Bowl weekend. He says the casino kept issuing him credit - known as markers - and bringing him free drinks despite the fact that he was clearly intoxicated.

Nevada law bars casinos from allowing obviously drunk patrons to gamble and from serving them comped drinks. Johnston's lawyers believe eyewitnesses and surveillance video will prove their case.

Elisabeth Hasselbeck discussed the case this morning with legal experts Lisa Giovinazzo and David Schwartz.

"This is a terrible precedent that could be set here," said Schwartz, predicting that the suit will probably be settled for a lesser amount. He argued that if Johnston is victorious, it could "open the floodgates" for legal claims against casinos by losing gamblers. 

Giovinazzo was more sympathetic to Johnston's situation, saying "obviously" the casino was serving him drinks and allowing him to make multiple "marker" transactions despite his drunkenness. Both agreed that the surveillance videos will go a long way toward deciding the case.

Watch the debate above, and tell us what you think about this controversial case. 


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