Macon County Greyhound Park, Inc. v. HoffmanAnnotate this Case
Macon County Greyhound Park, Inc., d/b/a Victoryland ("MCGP"), appealed trial court orders denying its motions to compel arbitration in the actions filed against it by plaintiffs Marie Hoffman, Sandra R. Howard, and Dianne Slayton. In 2008, Hoffman hit a $110,000 jackpot on an electronic bingo machine at Victoryland. A technician cleared the machine and told her the jackpot had been caused by a malfunction in the machine. She kept playing, hit another $110,000 jackpot, only to be told again that the jackpot was due to machine error. Hoffman sued. Howard did not win any jackpots when she visited “Quincy’s 777.” She noted that MCGP employees escorted the Birmingham mayor to specific electronic-bingo machines, and that he hit several jackpots while patronizing “Quincy’s 777.” In Slayton’s suit, she alleged she won a $50,000 jackpot playing an electronic bingo machine, but shortly after MCGP employees inspected her identity documents (her Social Security Card and other identification), the machine was found to have malfunctioned. In each of these three cases, MCGP filed motions to compel binding arbitration and to dismiss the proceedings, arguing that each case involved a contract involving interstate commerce that included a written arbitration agreement. Because the "contracts" containing the arbitration provisions in these cases were based on gambling consideration, they were based solely on criminal conduct, and were therefore void. Consequently, the provisions of those "contracts," including the arbitration provisions, were void and unenforceable. Therefore, the Supreme Court concluded the trial court properly denied the motions to compel arbitration and to dismiss these cases.