“A de novo standard is applied by this court in addressing the legal issues presented by a certified question from a federal district or appellate court.” Syl. JUSTICE BENJAMIN delivered the Opinion of the Court. Robert Russell Shuman, McCuskey & Slicer, PLLC Morgantown, West Virginia Counsel for Respondent Game Technology, Inc. Pietragallo Gordon Alfano Bosick & Raspanti, LLP Weirton, West Virginia Counsel for Respondent MTR Gaming Group, Inc., d/b/a Mountaineer Casino, Racetrack & Resort John F. Eubanks, Pro Hac Vice Bordas & Bordas PLLC Wheeling, West Virginia Terry Noffsinger, Pro Hac Vice Crossen Kooi LLP Carmel, Indiana Counsel for Petitioner Robert J. MTR GAMING GROUP, INC., d/b/a Mountaineer Casino, Racetrack & Resort and INTERNATIONAL GAME TECHNOLOGY, INC., Defendants Below, Respondents _ Certified Questions from the United States District Court for the Northern District of West Virginia FIRST CERTIFIED QUESTION ANSWERED _ Submitted: ApFiled: JJames G.

PERRY II, CLERK SUPREME COURT OF APPEALS OF WEST VIRGINIA STACY STEVENS, Personal Representative of the Estate of Scott Stevens, deceased, Plaintiff Below, Petitioner v. IN THE SUPREME COURT OF APPEALS OF WEST VIRGINIA January 2016 Term _ No. The Supreme Court answered the first certified question in the negative and declined to answer, as effectively moot, the remaining certified questions, holding that no duty of care under West Virginia law exists on the part of manufacturers of video lottery terminals, or the casinos in which the terminals are located, to protect users from compulsively gambling.

The federal district court certified to the Supreme Court questions of law relevant to resolving the motions. Defendants moved to dismiss the complaint for failing to state a claim upon which relief may be granted.

Stacy brought claims for negligence, breach of the duty of care, products liability, wrongful death, and intentional infliction of emotional distress. after Scott allegedly developed “gambling disorder,” embezzled more than $7 million from his employer to play video lottery machines, spent his family’s savings, and fatally shot himself.

Stacy Stevens, the personal representative of her late husband, Scott Stevens, filed suit on behalf of Scott’s estate against MTR Gaming Group, Inc.

Compulsive gambling lawsuit casino