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Casino Asks Judge To Drop Wrongful Death Lawsuit

Family Files Suit Against Casino For Girl's Death

POSTED: 2:09 pm PDT July 27, 2004
UPDATED: 2:12 pm PDT July 27, 2004

Partners in a San Diego casino asked a federal judge to dismiss a wrongful death lawsuit filed by the family of a San Diego County girl killed in last year's wildfires.

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The family of 16-year-old Ashleigh Roach, (pictured, right), filed a wrongful death lawsuit June 3 in San Diego Superior Court against Harrah's Entertainment, casino partner of the Rincon Indian tribe's casino.

The suit alleges that Harrah's had a responsibility to provide better fire protection for the reservation, where the fire started.

In its dismissal motion, Harrah's argues it can't be held responsible for the "start, spread, prevention or control" of the fire, which started half a mile from the casino.

However, according to the lawsuit, casino officials and tribal leaders were warned several times about a need to increase fire services. The family said the warnings went unanswered and that Harrah's and the tribe should be held responsible.

"Nothing will bring back my little sister, but if this changes no other little sisters will have to die," Allyson Roach, Ashleigh's sister, said.

Attorney Dean Broyles is representing the Roach family.

"They were given many opportunities to beef up the resources and they refused to. We feel that is reckless, which led to the endangering of lives and the loss of life," Broyles said about the casino and the tribe. "We're holding the tribe responsible because they were warned over several years by (California Department of Forestry) and other sources that there were serious fire protection problems."

In January 2001, Valley Center Fire Protection District asked the tribal leaders to build a fire station or increase fire funding, according to Broyles. In February 2001, the district's fire chief asked Harrah's Casino officials for added fire services. Neither the tribe nor the casino took action. Then, in August 2002, the fire district warned the Rincon tribe about inadequate fire services.

Attorneys added that neither the Rincon tribe nor Harrah's Entertainment have remarked about the repeated requests for increased fire services or funding.

According to 10News, the Rincon tribe plans to build a fire station on an empty lot located just down the hill from where the Paradise Fire started. But, the Roach family said it is "too little, too late."

Roach was one of two people killed in the Paradise fire in October, which burned for 13 days, destroyed 221 homes and charred 56,000 acres. Harrah's got the suit transferred to federal court this month and has moved to have it dismissed. A hearing in the case is scheduled for Aug. 16.


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