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Crown Casino waiter with terminal lung cancer dies before trial

A former Crown Casino waiter who accused the venue of exposing him to tobacco smoke has died before his trial.

Crown’s VIP Private Gaming Salon on the Mahogany Room floor. Picture: David Caird
Crown’s VIP Private Gaming Salon on the Mahogany Room floor. Picture: David Caird

A former Crown Casino waiter diagnosed with terminal lung cancer who worked in a high-roller room where smoking was allowed has died.

Dien Nguyen lodged two cases against the venue in late August and alleged during his work in the Mahogany room between 2014 and 2023, he was exposed to tobacco smoke which contributed to his diagnosis of metastatic lung cancer in February 2020.

Mr Nguyen alleged Crown knew or ought to have known he was at “risk of developing serious lung disease” and their negligence caused or contributed to his injuries.

Mr Nguyen’s lawyer, Arnold, Thomas and Becker managing principal Lee Flanagan told The Australian both of his client’s claims — one for workcover entitlements and another for “substantial damages” — will be pursued.

Inside Crown’s Mahogany Room. Picture: David Caird
Inside Crown’s Mahogany Room. Picture: David Caird

“We knew Mr Nguyen’s work at Crown casino would eventually cost him his life, but the timing of his death was unexpected,” he said.

“Crown casino and the state government were aware of the risks of tobacco smoke causing cancer, but nonetheless, willingly exposed workers to this risk.

“Nothing can take away the pain his family will be feeling at this time. We hope that pursuing legal action will not only hold Crown accountable but also send a message to other employers in the industry that these risks should never be taken, so that no other family has to go through a similar tragedy.”

A Crown spokesman said he could not comment on the case while the matter is before the court, but said his passing was “sad news”.

“We wish to express our heartfelt condolences to the family of Dien Nguyen following the sad news of his passing, and we are offering support and counselling for team members and their immediate families,” he said.

A trial in Victoria’s Supreme Court was set to go ahead in March and a civil trial in the County Court was set to go ahead in February, both have been vacated for now.

An order filed with the Supreme Court this week reported news of Mr Nguyen’s death.

“By email dated 22 January 2024, solicitor for the plaintiff informed the Court that the plaintiff had passed away,” the order reads.

“The hearing listed before the Honourable Justice Keogh at 11.30am on 23 January 2024 is vacated. The trial listed on 6 March 2024 is vacated.”

On September 22, the Supreme Court had agreed to expedite Mr Nguyen’s trial before a judge and jury after it accepted evidence from a medical oncology advanced trainee and cardiothoracic surgeon “confirming the plaintiff’s diagnosis of lung cancer and providing a prognosis of life expectancy of less than six months”.

Mr Nguyen’s Supreme Court writ, filed on August 31, said during his work in the Mahogany Room – an exclusive room for high rollers, adorned with chandeliers and where patrons could smoke because of Victorian state government special exemption – he was exposed to second-hand smoke.

“Prior to 2017, Crown had received complaints and notifications in relation to employees suffering from lung cancer or serious lung diseases which were alleged to have been caused by exposure to cigarette and cigar smoke in the course of their employment in the Mahogany Room,” the writ stated.

“As a consequence of the Crown work, the plaintiff was frequently exposed to and inhaled smoke from cigarettes and cigars.

“At all relevant times, Crown owed the plaintiff a duty to take reasonable care to avoid any act or omission that exposed him to foreseeable risk of injury or disease during the Crown work.”

Crown Resorts abolished smoking indoors in December 2021.

The entertainment venue’s “negligence” allegedly caused Mr Nguyen’s exposure to cigarette and cigar smoke by permitting patrons to smoke in the Mahogany room where he was required to work.

Mr Nguyen’s writ said the environment he had to work in was “heavily contaminated” with smoke, and Crown did not warn him he was at risk of developing serious lung disease as a result.

In its defence, Crown denied it had received complaints about employees suffering lung cancer, due to tobacco smoke exposure. Crown also denied they knew a consequence of exposure to smoke could lead to the risk of developing serious lung disease.

Angelica Snowden

Angelica Snowden is a reporter at The Australian's Melbourne bureau covering crime, state politics and breaking news. She has worked at the Herald Sun, ABC and at Monash University's Mojo.

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Original URL: https://www.theaustralian.com.au/business/legal-affairs/crown-casino-waiter-with-terminal-lung-cancer-dies-before-trial/news-story/d26f2e5c5fb7dbac811b44e7d8835547