It also alleged that the same DraftKings employees later conspired to change the email address associated with the plaintiff’s sports betting account.
The complaint said: “Spanky and the masked man did not act alone… DraftKings loaded the proverbial gun, and put it in Spanky’s hand. [The] plaintiff’s life was never the same.
“This is a case about DraftKings — one of the biggest and most profitable sports betting companies in the world — knowingly and wilfully aiding and abetting a violent assault, battery, and death threat, (and later, a significant computer hack).”
The plaintiff is seeking damages for abetting assault and battery, intentional infliction of emotional distress, and negligence.
DraftKings slams “implausible and baseless” allegations
DraftKings declined to provide an official comment to NEXT.io when contacted, but has requested that the court dismiss the case in court filings.
The sports betting and daily fantasy sports operator argued that the “implausible and baseless” allegations failed to state a claim.
This, the business argued, is because DraftKings cannot be vicariously held liable for torts of employees acting outside the scope of their employment.