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Remedies Keyed to Tabb, 8th
Silverman v. King
Citation:
247 N.J. Super. 534 (1991)Facts
Jeffrey Silverman was working as a house dealer at a high stakes baccarat table in an Atlantic City casino on April 15, 1987. Roger King, a large man, had placed $22,500 in bets on the hand being played. When Silverman called a “natural eight,” indicating King would likely win his $20,000 bet, King jubilantly rose from his seat and went behind Silverman. King threw his right arm around Silverman’s neck and upper chest, lifting him off the floor by his throat and holding him with great force for almost twenty seconds until King’s companion told him to let go. Silverman continued dealing despite discomfort and completed his shift. King indicated he was only “joking around” and asked if Silverman was okay. Unfortunately, Silverman’s abnormal chest wall configuration made him particularly vulnerable to this physical embrace, and he subsequently developed thoracic outlet syndrome. The jury awarded Silverman $66,000 in compensatory damages, finding King’s conduct proximately caused the injury.
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