Kelly v. International Games Technology

874 So. 2d 977, 2004 Miss. LEXIS 687, 2004 WL 1277188
CourtMississippi Supreme Court
DecidedJune 10, 2004
Docket2002-CA-00333-SCT
StatusPublished
Cited by3 cases

This text of 874 So. 2d 977 (Kelly v. International Games Technology) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kelly v. International Games Technology, 874 So. 2d 977, 2004 Miss. LEXIS 687, 2004 WL 1277188 (Mich. 2004).

Opinion

874 So.2d 977 (2004)

Nancy KELLY
v.
INTERNATIONAL GAMES TECHNOLOGY.

No. 2002-CA-00333-SCT.

Supreme Court of Mississippi.

June 10, 2004.

*978 Betsy E. Walker, Biloxi, James Robert Murrell, III, attorneys for appellant.

Scott E. Andress, Jackson, Ben Harry Stone, Paul J. DelCambre, Gulfport, attorneys for appellee.

EN BANC.

DICKINSON, Justice, for the Court.

¶ 1. This appeal involves a dispute over how a video poker, progressive jackpot should be paid. Nancy Kelly, who won the jackpot, wants it paid immediately in a lump sum. International Games Technology (IGT), which operated the video poker machine where Kelly won the jackpot, wants to pay in annual installments over twenty years.[1]

¶ 2. On September 28, 1996, as Kelly was playing a progressive video poker machine at Treasure Bay Casino[2] in Biloxi, fate smiled upon her. She hit a Royal Flush (A, K, Q, J and 10 of the same suit), which resulted in a win of slightly more than a quarter-million dollars. The lucky video poker machine displayed a sign which stated:

PROGRESSIVE JACKPOT PAID IN 20 EQUAL ANNUAL INSTALLMENTS. FIRST INSTALLMENT PAID UPON VALIDATION OF WIN.

¶ 3. Although a dispute arose over whether Kelly actually won the jackpot, this Court ruled that she did, and remanded for the trial court to determine the appropriate method of payment. The Harrison County Circuit Court entered an order which stated:

The method of payment of the payout to Kelly for the progressive jackpot from IGT is to be made in accordance with the regulations of the Mississippi Gaming Commission and that the MGC regulations shall determine whether or not the payout is to be in a lump sum or in a periodic payments. To the extent that there is a dispute regarding this issue, this factual matter is to be decided by the Mississippi Gaming Commission.

¶ 4. Kelly filed a Motion to Reconsider or in the Alternative to Clarify the Court's Order. She requested a full hearing on the issue as to the form of payout or in the alternative to clarify whether it (the trial court) was asking the Mississippi Gaming Commission to determine the method of payment. Subsequently, the trial court entered a judgment denying Kelly's motion and reversing its original deferral or remand to the Mississippi Gaming Commission, and further ruled:

With respect to the Motion for Clarification, the Court states that it has found that the Regulations of the Mississippi Gaming Commission govern the payout of jackpot winnings. That these regulations allow certain jackpots to be paid out in periodic payments as opposed to a lump sum payment, and that such regulations are applicable to the payout of jackpot due to Kelly.

¶ 5. Kelly then filed this appeal. The issue now before this Court is whether the trial court erred in determining that the regulations of the Mississippi Gaming *979 Commission applied as the method of payment in this matter, finding that Kelly should be paid in twenty equal annual installments, rather than in a lump sum amount.

¶ 6. Kelly raises sixteen issues including; whether the $250,136.91 to which she is entitled is a judgment against IGT; whether she should be awarded attorneys' fees, court costs and interest; and if she is awarded interest, the appropriate rate and the time from which the interest should accumulate. Kelly also raises issues of the interpretation of Miss.Code Ann. § 75-76-157 through § 75-76-165, as those statutes relate to Mississippi Gaming Regulation III.A.9; whether the trial court proceedings following remand from this Court were procedurally flawed; and whether the trial court's subsequent ruling was erroneous.

STANDARD OF REVIEW

¶ 7. In Secretary of State v. Wiesenberg, 633 So.2d 983 (Miss.1994) (quoting Aikerson v. State, 274 So.2d 124 (Miss. 1973)), this Court said: "It is a general rule in construing statutes that this Court will not only interpret the words used, but will consider the purpose and policy which the legislature had in view of enacting the law. The court will then give effect to the intent of the legislature."

DISCUSSION OF LAW

¶ 8. We find that the issues raised by Kelly can most succinctly be stated as follows:

I. Whether Kelly is entitled to receive the Pokermania Progressive Jackpot in a single lump sum payment with interest and whether she should be awarded attorney's fees and court cost.

A. Whether Lump Sum Payment Is Appropriate.

¶ 9. Miss.Code Ann. § 75-76-165(2), sets forth the procedure a licensee[3] must follow when it seeks judicial review of the Commission's decision concerning a disputed jackpot. First, § 75-76-165(2) requires that the licensee deposit "an amount equal to the amount in dispute" in an interest bearing account until the licensee is ordered to pay the patron's claim or a final judicial determination has been reached that the licensee does not have to pay the claim.[4]

¶ 10. Secondly, § 75-76-165(2) requires the licensee to pay "the full amount of the patron's claim, including interest, within twenty (20) days after a final, nonappealable order of a court of competent jurisdiction so directs."

¶ 11. Contrary to the position taken by Kelly, the statute does not transform her jackpot of twenty periodic payments to a single, lump-sum payment. Rather, the statute provides that Kelly must be paid her "claim," that is to say, her legitimate claim. To follow Kelly's logic, she could simply allege that she is entitled to a million dollars. Her saying so does not transform the demand into her "claim." This Court held that she won the jackpot. The jackpot she won was clearly described on the face of the machine she chose to play. It provided that she would be paid in 20 equal annual installments. That is her legitimate claim. Thus, IGT must pay the *980 "claim" as it contracted to do—in 20 equal annual installments.

¶ 12. Section 9 of Mississippi Gaming Commission Regulation III., A., addresses "Periodic Payments." The specific language from Section 9 relied upon by IGT provides: "For amounts won equal to or in excess of $200,000, payments shall be no less than 1/20th of the total amount annually." Id., at subsection (e)(2). IGT cites this subsection, and this Court's opinion in Cook v. Mardi Gras Casino Corp., 697 So.2d 378 (Miss.1997), for the proposition that this Court has "expressly recognized and authorized the use of periodic payments."

¶ 13. Despite IGT's assertions, Cook did not expressly recognize nor authorize the use of periodic payments. Rather, the portion of Cook relied upon by IGT is taken directly from the facts of that opinion. In Cook, the trial court found that it did not have jurisdiction over the cause due to the patron's failure to follow administrative remedies, i.e. appealing the executive director's decision to the full Commission. Id. This Court affirmed finding that the patron failed to exhaust administrative remedies. Id. at 383. Nowhere in the discussion of law did this Court comment on the use of periodic payments.

¶ 14. Furthermore, contrary to the position taken by IGT, the language of the regulation does not imbue IGT with the "right" to pay Kelly's jackpot in twenty equal annual installments.

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Bluebook (online)
874 So. 2d 977, 2004 Miss. LEXIS 687, 2004 WL 1277188, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kelly-v-international-games-technology-miss-2004.