Mother of coward punch victim Luke Francis sues Crown Casino over alleged negligence
The shattered mother of coward punch victim Luke Francis is suing Crown Casino, alleging staff were negligent for failing to kick out her son’s killer prior to the attack.
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The heartbroken mother of coward punch victim Luke Francis is suing Crown Casino, alleging staff were negligent for failing to kick out her son’s killer prior to the attack.
Tyson Armstrong, 28, was jailed for 10 years over the assault in the casino’s food court in March last year, with a Supreme Court judge describing him as a “violent and drunken thug”.
Mr Francis’ mother, Michelle Harris, has now launched legal action against Crown, claiming it should have done more to protect her son.
In documents filed to the County Court, Ms Harris claims Armstrong was still served alcohol despite being drunk, he was not removed from the premises and the casino failed to employ “competent security staff”.
She also claims Crown did not have a system to remove drunk or aggressive patrons.
Ms Harris is suing for damages for the severe emotional distress she suffered and the time she was forced to take off work following her son’s death.
“By reason of the negligence and/or breach of statutory duty of the defendant, its servants or agents, the plaintiff has suffered loss and damage,” court documents state.
Arnold Thomas & Becker lawyer Travis Fewster is representing Ms Harris and said Crown needed to be held to account to prevent future similar incidents.
“Security employed by Crown Casino failed in their duty to protect patrons when, prior to the assault, Armstrong was intoxicated, aggressive, and threatening – but was allowed to remain at the premises. This is also in spite of the fact that a glass of alcohol had already been removed from him by security,” he said.
“Had he been removed from the premises earlier, he would not have had the opportunity to assault and ultimately take the life of an innocent man who did nothing to provoke him.
“Nothing will ever take away the pain of this senseless loss for his family, but we hope to hold Crown accountable and prevent another tragedy like this from happening to anyone else at these types of venues.”
In June, Armstrong was jailed for a decade with a non-parole period of eight years after pleading guilty to manslaughter.
The father-of-three followed Mr Francis, 29, after they briefly spoke in the game room, then grabbed him around the neck from behind as he walked away.
Armstrong struck Mr Francis a number of times before he stumbled and collapsed.
Speaking outside the Supreme Court after Armstrong was sentenced, Ms Harris described her son as an “amazing young man”.
“I think that’s what sickens me the most is the way he was taken out by a coward, doing nothing,” she said.
“Armstrong’s just nothing but a coward who likes to hit from behind and that makes me sick, sickens me.”
A Crown Resorts spokesman said: “Given the matter is before the court, it would be inappropriate for Crown to make any further comment, other than to say that death in any circumstance is tragic and that our thoughts and condolences are with the individual’s family and friends.”