Silverman v. King

247 N.J. Super. 534 (1991)

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Nature of the Case

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Facts

P was the house dealer at a high stakes baccarat table. D had placed $ 22,500 in bets on the hand being played, and as the highest bettor was given 'courtesy' to look at the 'player' hand after it was dealt. P 'faced' the cards and 'called' a 'natural eight,' a hand which made it very likely that D would win a $ 20,000 bet. D, a large man, jubilantly rose, went behind P then still engaged in 'facing' and 'calling' the cards for the table, and threw his right arm around P's neck and upper chest, lifting him off the floor. D lifted P off the ground by his throat and held him there with great force' for almost twenty seconds from initial contact to release. D's companion said, 'Let him go' and pulled his arm from P. P continued the deal, and despite the discomfort, completed his shift. D told him he was only 'joking around,' inquired if he was 'okay,' and continued to play at P's table. P developed thoracic outlet syndrome, which the jury, in this case, determined to have been proximately caused by the April 15 incident. That finding and the $66,000 compensatory damage award have not been challenged on appeal. The trial court refused to instruct on punitive damages.