Lawsuit: Casino waitress spit in blackjack player’s drink

HOT SPRINGS, Ark. (Legal Newsline) – A blackjack player at Oaklawn Casino in Hot Springs, Ark., is suing the establishment because he says a server spit in his drink.

Citing the “tort of outrage,” as well as battery, Malcolm Pearce sued Oaklawn Sept. 13 in Garland County Circuit. The alleged incident occurred on Dec. 22, 2021 while Pearce was “enjoying a nice evening.”

That was ruined when a waitress, not named as a defendant, brought him the last of three sodas, the suit says. Pearce does not drink alcohol, he says.

“Plaintiff simply looked down at his drink before he began consuming it and realized that the waitress had spit or placed saliva in his drink,” the suit says.

Pearce says the staff took pictures of the drink while the saliva still floated on top. The head cocktail waiter told Pearce she would be fired, he says.

Pearce is represented by Justin Hurst of Hurst Law Group in Hot Springs.