Silverman v. King

Superior Court of New Jersey

247 N.J. Super. 534 (1991)

Relevant factsFree

After dealing a hand that made a $20,000 win likely for gambler King (defendant), King jubilantly lifted dealer Silverman (plaintiff) by the neck and chest, which triggered thoracic outlet syndrome due to Silverman's pre-existing congenital skeletal condition; the trial court awarded compensatory damages but dismissed the punitive damages claim, crediting expert testimony that King's act wouldn't have injured someone without that predisposing condition.

IssueFree

Whether punitive damages are available for extremely unlikely harm caused by conduct that is intentional but not malicious or predictably dangerous.

Holding & reasoning

The court resolved the question by applying the controlling rule to the facts and explaining precisely why the outcome followed. Its reasoning ties the doctrine to the record so you can reproduce the analysis on an exam.

Procedural history, concurrence & dissent

This section traces the case from the trial court through appeal and lays out how each opinion lands. Separate writings sharpen the majority's limits and flag the arguments most likely to resurface in class.

Unlock the full brief

Free accounts read 20 full briefs. No card required.

Start free Log in