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Silverman v. King

Superior Court of New Jersey
247 N.J. Super. 534 (1991)


Facts

Jeffrey Silverman (plaintiff), the house dealer at a high-stakes baccarat table in Atlantic City, dealt a hand to Roger King (defendant) that made it very likely King would win his $20,000 bet. In jubilation, King went over to Silverman and lifted Silverman up by the neck and upper chest. Due to Silverman’s congenital skeletal condition, this contact resulted in Silverman developing thoracic outlet syndrome. Silverman sued King and was awarded compensatory damages at trial. However, the trial judge dismissed Silverman’s claim for punitive damages, finding that King’s act was not malicious and that, based on expert testimony, King’s act would not have caused any injury to an individual without a congenital predisposing skeletal condition. Silverman appealed.

Rule of Law

Issue

Holding and Reasoning (Landau, J.)

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