Tropicana Atlantic City ‘Hid Evidence’ in Crash That Killed Boy, Lawsuit Claims

• Lawsuit alleges casino “destroyed or concealed” video, receipts in DUI case
• Bartenders lacked certification, failed to track drink totals, per suit
• Casino ignored subpoena, partial footage only provided

A lawsuit filed by the family of an eight-year-old boy killed in a DUI crash alleges staff at the Tropicana Atlantic City “destroyed or concealed” evidence that could show the casino was partly responsible for the fatal incident.

Javier Velez was asleep in the back seat when the car he was riding in was struck by Edward Johnston, who was driving 107 mph in a 50-mph zone.

Velez was returning from an early-morning fishing trip with his father and younger brother. Johnston was returning from a night’s drinking at Atlantic City’s Ducktown Tavern and then Tropicana’s Boogie Nights nightclub.

Driver Gets 15 Years

The 25-year-old, who had consumed at least ten drinks, including six Red Bull and vodkas at Boogie Nights, according to court documents, was sentenced to 15 years in prison last month after pleading guilty to aggravated manslaughter.

The family sued both Tropicana and Ducktown Tavern for damages under the Dram Shop Act, a state law that holds commercial establishments, such as bars and restaurants, liable for harm caused by intoxicated customers who were overserved alcohol.

Velez family attorney Michael van der Veen said that depositions taken from nightclub staff during the discovery process for the civil suit revealed that bartenders were not certified in safe alcohol service, did not track how much patrons drank, and only measured shots of the most expensive drinks.

Moreover, Tropicana ignored a subpoena from the Atlantic County Prosecutor’s Office requesting all surveillance footage of Johnston between 10 p.m. on July 22 and 3 a.m. on July 23. Only partial video was produced, which showed Johnston being served alcohol twice, despite credit card records indicating four separate purchases.

Missing Video?

The suit alleges Brian Barnett, Tropicana’s director of security, failed to preserve the footage and attempted to conceal or destroy additional evidence during an inspection of the casino’s security offices.

To win a case under the Dram Shop Act, a plaintiff must show that an establishment served alcohol to an individual who was intoxicated or underage who later caused injury or death as a direct result of the establishment’s negligent service.

The lawsuit argues Tropicana showed “wanton and willful disregard” for public safety.