KC-area casino overserved woman, is at fault in fatal DWI crash, lawsuit says

After his son was killed in a drunk driving crash in Riverside last year, a Missouri father has filed a wrongful death lawsuit against the woman who was behind the wheel and the hotel that served her alcohol, according to court records.

The father, Anthony Anderson, 54, filed the lawsuit Tuesday in Platte County Circuit Court against the driver, 25-year-old Emily Davis, and the company that owns Argosy Casino Hotel & Spa, 777 NW Argosy Casino Parkway.

Also named as defendants on the lawsuit were PENN Entertainment Inc., GLP Capital, Gaming and Leisure Properties, and Missouri Gaming Company.

The lawsuit argues servers at the casino knew she was intoxicated and failed to stop her from driving.

“Upon information and belief, Defendants Penn International, Gaming and Leisure, and Argosy Casino, through their employees, knew, or should have known Defendant Davis was visibly intoxicated,” the lawsuit reads.

Xavier Anderson, 25, was riding his bike along NW Tullison Road at about 5:30 a.m. on Sept. 16, 2024, when he was struck by Emily Davis, 25, driving a Chevrolet Cruze.

The impact of the crash ejected Anderson from his bike, according to the Missouri State Highway Patrol. He was transported to the hospital where he was pronounced dead just before 9 a.m. that morning.

The lawsuit states that based on “information and belief” Davis was a customer at the Riverside hotel and was served alcoholic beverages to the point where she was “visibly intoxicated.” The lawsuit argues the Missouri Gaming Company, GLP Capital, and Gaming and Leisure violated liquor license requirements under Missouri state law and the state Department of Health.

While at the hotel, Davis showed signs of impairment like uncoordinated physical movements, mental dysfunction, slurred speech, and blurry eyes, court records read.

The lawsuit argues employees at Argosy Casino Hotel were aware she was under the influence and still served her. The suit also argues workers could have prevented Davis from driving by calling her a cab.

“This is about justice for the family and Xavier Alexander,” Anderson’s lawyer, Lee R. Hardee III told the Star. “We are actively gathering additional information and intend to pursue full accountability.”

The suit indicates three counts of negligence and carelessness which resulted in Xavier Anderson’s death and parties should be held liable.

Missouri State Highway Patrol troopers responding to the crash reported Davis having glassy eyes and the odor of alcohol emitting from her body, according to court documents. Davis also told officers she had been drinking from 10 p.m. to 2 a.m., records show.

“Davis lost her balance while walking, missed touching heel-to-toe, and lost balance while turning,” the MSHP probable cause statement reads.

After several sobriety tests, patrol officers also tested Davis’s breath where she had blood alcohol level of 0.164, twice the legal limit under Missouri state law.

Davis pleaded guilty to a DWI felony charge resulting in another person’s death in March. She was sentenced to 10 years in prison.

Anderson is seeking $25,000 in damages for emotional distress, mental anguish, funeral and medical expenses, pain, and suffering, records show.

PENN Entertainment declined to comment, citing pending litigation.

This story was originally published June 13, 2025 at 5:00 AM.

Kennedy Sessions

The Kansas City Star

Kennedy was an investigative intern at The Star in partnership with the Ida. B Wells Society. She is a graduate student at the Craig Newmark Graduate School of Journalism in New York. Her work has been featured in City Limits, Chron.com, and the Texas Signal.