A waiter with terminal lung cancer is suing Melbourne’s Crown casino, alleging in court documents that his job in the venue’s high-rollers room – where smoking was permitted – contributed to his condition.
Dien Nguyen, 39, was diagnosed with metastatic lung cancer in 2020, six years after he began working full-time in Crown’s Mahogany Room, where patrons had been permitted to smoke due to a special exemption from the Victorian government.
In a supreme court writ filed last month, Nguyen alleges he “worked in an environment heavily contaminated with smoke from cigarettes and cigars”.
He claims in court documents that Crown Melbourne Limited knew, or ought to have known, he would be exposed to smoke and was at “risk of developing serious lung disease”.
Nguyen alleges Crown failed to warn him that he was at risk of developing a serious lung disease, failed to test or measure the levels of cigarette and cigar smoke in the Mahogany Room and did not maintain “any proper system of ventilation”.
The casino also allegedly failed to retain any experts to investigate the health risks.
According to Nguyen, Crown was also warned about risks to staff from smoke prior to his diagnosis.
“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,” the writ states.
In March 2021, Crown announced to the ASX it would transition to a smoke-free environment by the end of December 2022. The exemption was also scrapped by the government following recommendations from the Finkelstein royal commission into Crown.
Nguyen alleges the “negligence of Crown” has “caused or materially contributed” to his cancer diagnosis, which has resulted in a shortened life expectancy, impaired lung function, chest, shoulder and arm pain and anxiety.
He is claiming damages, interest and costs from Crown to pay for his medical and nursing expenses.
The managing director of law firm Arnold Thomas & Becker, Lee Flanagan, said his client’s work has allegedly “cost him his life”.
“Crown casino and the state government – by allowing the exemption – were aware of the risks of tobacco smoke causing cancer, but nonetheless, [allegedly] willingly exposed workers to this risk,” Flanagan said.
“Smoking in indoor public spaces was banned in 2007, yet Crown and the government continued to expose hundreds of workers and regular patrons to tobacco smoke for well over a decade.”
In a statement, a Crown Resorts spokesperson said they were notified of the case last week.
“As the matter is now before the court, it would be inappropriate for Crown to make any further comment,” they said.
