So it's 1991, and the cases we accepted when we first started our practice in 1986-1987 were now coming up for trial . We are all painfully aware of the agony you must endure "when you take a case that you never should have". Well, this is exactly what happened to me in Golden Nuggett Hotel and Casino vs."John Doe".
The case was initially accepted as nothing more than a "paying defense case", representing the defendant in a collection case brought by the "Casino " against "John Doe" on his outstanding" casino markers". Well , the case transformed from a mundane collection case into one of the most " important cases I ever tried" . Frankly speaking , what I'm about to tell you cannot be made up.
Ok, here's what happened. Plaintiff became permanently disfigured in an auto accident and received a large settlement . Due to his permanent, persistent pain he was prescribed and was taking Percodan, a "Class Four Narcotic"[highly addictive]. Well, immediately after he settled his case he heads to Atlantic City with a copy of his "settlement check " and bankbook in hand. The Casino must have seen him coming from a mile away; Little 5 foot one guy, disfigured face, accent, addicted to Percodan who was carrying around a paper showing he just received $700,000 in a lawsuit.
So what did the Casino do ? Checked him in, gave him a "royal suite", his own butler, credit and "his very own house doctor" who proceeded to prescribe him 200 Percodan over a two week period. Oh I almost forgot, and they helicoptered him , with a waiting limo, every few days to withdraw money from his bank in N.Y. to make good "on his notes". Testimony was even adduced that they were feeding him drinks(with the Percodan) and as he layed face down on the gambling table, he was told" this is not a hotel , it's a casino.
They never cut him off from gambling despite his "visible narcotic-intoxication " until he lost over $200,000 in two weeks. Oh, by the way they misplaced "all the video from the eye in the sky ". Somehow, no one was surprised.
So the case goes to trial in Federal Court in Camden and yours truly tries the case; Defending the collection case and prosecuting the counterclaim sounding in negligence(we alleged the Casino had a duty similar to a Dram Shop case to stop a visibly intoxicated individual from gambling).
What no one expected was that this case would attract a swarm of Wall Street interest and would turn into a media frenzy...all because of the potential ramifications of what a "dram shop standard" would mean to the "Casino Industry". The Wall Street Journal followed it, The Maury Povic Show and the AP, UPI and New York and Philadelphia media. It was a media circus.
At the conclusion of defendant -counterclaimant's case, plaintiff(defendant on the counterclaim) moved to dismiss the counterclaim. The Court(J. Cohen) responded with a thirty two page written decision denying the motion and establishing a "DUTY" on the Casino to stop a visibly intoxicated patron " from continuing to gamble . This standard became "the law of the land" and later I belive it was statutorily codified. But my work was not done. Still had summations.
Plaintiff summed up and basically said he borrowed the money and he owes it; here's all his IOU's , etc. For me , it was one of those moments I decided " to go for broke " . We had nothing to lose.
I proceeded to give my closing statement lying face down on the counsel table for two hours, imitating the way my client looked while laying face down after ingesting class 4 narcotics and drinking alcohol at the "gaming table". I later learned the Judge was having a fit and I came very close to a major sanction. Summations were watched intently.
Next day a verdict(I wanted to get out of Camden already); Jury found for the casino on the collection case, but on our counterclaim they also found the Casino negligent under the new standard the Court had established. Only problem was they found my client 51% comparatively negligent, reasoning that each day he went back to the tables on his own volition. Wow a bummer!
Well, we "rode the media wave" for a while, received numerous calls from people all over the country who were bilked out of their money, filed an appeal and ultimately settled.
Hey, once in a while "you have to go for broke"!
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