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See, e. In addition, defendant requested that the jury receive a proximate cause charge, which would instruct that plaintiff could recover only for those losses which were causally related to the casino's permitting plaintiff to gamble while drunk. For the reasons stated below, the court will not charge the jury on either of these issues. Koppers Co. The New Jersey legislature has not clearly indicated an intention to impose on a gambler the duty to avoid becoming intoxicated while gambling. Given this historical background, it cannot be said that New Jersey has generally placed upon potential gamblers the burden of protecting themselves from gambling losses. Stevens Institute of Technology, 55 N. Specifically, the legislature has explicitly permitted casinos to serve alcoholic beverages at gaming tables upon request of the patron, see N. It was because of this additional duty on the part of the defendant, and not because of any lessening of the patron's duty, that New Jersey did not always permit the patron's voluntary intoxication to be considered contributory negligence. As codified by the New Jersey legislature, any damages attributable to a defendant's negligence "shall be diminished by the percentage sustained of negligence attributable to the person recovering," so long as the plaintiff's negligence was not greater than the defendant's. Yet even if a sober gambler has no duty to protect herself from loss, does it necessarily follow that one has no duty to avoid increasing the risk of greater losses by becoming intoxicated? Since the regulation that prohibits serving a visibly intoxicated patron is based on the premise that casino employees can determine when a patron is visibly and obviously intoxicated, since it is a simple matter for the casino to prevent a patron from gambling while in this condition, and considering the extraordinary degree of regulation and control that the State exercises over casinos, the absence of a regulation barring gambling by a drunk patron cannot be considered an oversight or mistake. Plaintiff's claim is based on the decision in GNOC v.

Frederick H. At that time a majority of voters approved an amendment to the state constitution that made lawful the establishment of gambling houses or casinos within Atlantic City.

In its Constitution ofNew Jersey again incorporated a general prohibition on "gambling of any kind," N. In Lucky Calendar Co. Although a gambler can't change the advantage the house has in every game, an individual can minimize the amount of her loss by betting in a manner which gives her the best odds of winning, [9] by placing smaller or fewer bets and, maybe most importantly, by leaving the gaming tables before the losses grow to unacceptable levels.

On January 9,the Sands casino [1] crack casino inc Leonard H. Presently before the court in this tort action are questions presented by the parties regarding proper instructions for the jury.

Tose to recover alleged gambling debts. Because that court relied on the theory of dram-shop liability in predicting that New Jersey would recognize the theory of liability espoused in this case, it is tempting merely to apply the analogy in all its particulars, including the applicability of comparative negligence as determined in Lee v.

What has made dram-shop cases unusual is that there the defendant has a corresponding duty not to contribute to the individual's intoxication after a certain point.

West That section of the constitution was amended in and again in to encompass additional forms of gambling, including "roulette Rucker, 46 N.

Specifically, defendants wish to have the jury instructed on the defense of comparative negligence against plaintiff, and on the issue of proximate cause. Rules governing the play of casino gambling games are fixed by the Casino Control Commission, and these rules determine the odds which a gambler has of winning, odds which always favor the casino.

Under New Jersey's previous doctrine of contributory negligence, any negligence by the plaintiff could bar all crack casino inc.

The server is liable for continuing to serve a patron only after he has reached this incapacitated state. The Legislature recognized that the public had authorized this exception to the general policy against gambling in order to promote the economic welfare of Atlantic City, "and therefore determined casino gambling to be a revocable, highly regulated and conditioned privilege.

Upon reexamination of crack casino inc issue one year ago, the New Jersey Supreme Court found that "continued application of our crack casino inc in Soronen, adopted at a time when contributory negligence operated as a complete bar to a plaintiff's recovery, is no longer appropriate.

The court reasoned that because it was New Jersey's policy to hold liquor licensees accountable for serving visibly intoxicated patrons, "[t]he accountability may not be diluted by the fault of the patron for that would tend to nullify the very aid being afforded.

The doctrine of comparative negligence is an affirmative defense that a defendant can assert to reduce liability.

Page Keeton et al. However, while the actions of the casino defendants may be analogous to the actions of other dram-shop defendants, the significance of the plaintiffs' actions, particularly before becoming visibly and obviously intoxicated, is quite different.

Whether through outright prohibitions or minute regulation, New Jersey has throughout its history exercised a high degree check this out control over gambling by regulating gambling operators, and not by penalizing bettors.

Only by choosing not to gamble at all can an individual insure freedom from gambling losses. Certainly the public policy of this state imposes such a duty on a negligent driver or foolhardy pedestrian through the doctrine of comparative negligence.

Does the Aboud analogy to dram-shop liability dictate the same result for a gambler who carelessly becomes intoxicated? The court also quoted other judicial opinions describing lotteries specifically as "prey[ing] upon the hard earnings of the poor," "plunder[ing] the ignorant and simple," and "arous[ing] the desire to gain something for nothing.

See Lee, N. Nor does there appear to be any legislative or regulatory recognition of the self-evident proposition that many people's mental abilities and judgment will be impaired by alcohol consumption crack casino inc they become visibly and obviously intoxicated.

A jury trial on Tose's counterclaim was conducted crack casino inc February 16, through March 5, Before the conclusion of the trial, defendant requested that the jury be charged on the issue of plaintiff's comparative negligence.

The current statutes of New Jersey also provide that "[a]ll wagers, bets or stakes made to depend upon Courts have viewed the temptation to gamble as extremely powerful. As recently reiterated by the New Jersey Supreme Court, the state's "statutory and case law reflect the compelling public meadows casino pa buffet that those who voluntarily become intoxicated must be held responsible for the consequences of their behavior.

Both comparative and contributory negligence doctrines limit a plaintiff's recovery based on that plaintiff's negligent conduct. Rather, an intoxicated person is held to the same standard of care as a sober person.

See also N. Martinsville Inn, Inc. Aboud was decided at the summary judgment stage and did not specifically consider the issues of comparative negligence [12] and proximate cause which are the subjects of this opinion. The server may also assert this defense against an intoxicated driver "to the extent that the driver's act of drinking to the point of intoxication contributed to his inability to drive carefully.

Gambling may only be authorized if it is of a type permitted in the constitution, or if it is submitted to and authorized by a majority of the people voting at a general election.

In response to this constitutional amendment, the legislature passed the Casino Control Act in Over 11 statutory articles and almost separate provisions cover virtually every facet of casino crack casino inc and its potential impact upon the public.

A gambler, particularly a high roller like the plaintiff [11] is under constant surveillance by a dealer, a floor person, a pit boss, hidden overhead cameras, and sometimes even by officials of the New Jersey Casino Control Commission.

Since drinking will often impair cognitive functioning, an individual who drinks while gambling may be unable to take those actions which are necessary to minimize loss.

Rutgers, State Univ. Tose filed a counterclaim seeking to recover gambling losses incurred at the Sands while he was alleged to be obviously and visibly intoxicated.

Contributory negligence in a dram-shop action, therefore, is now not much different from contributory negligence in other contexts. The courts of New Jersey have undoubtedly imposed a duty on individuals not to place themselves in positions of unreasonable physical danger.

Individuals have always had a duty not to put themselves at risk of physical injury by becoming voluntarily intoxicated, whether the risk be through driving or through engaging in other activities.

See Lucky Calendar, 19 N. It follows that in New Jersey, individuals are generally not excused from acting negligently if their voluntary intoxication dulled their appreciation of a risk.

One policy consideration underlying this doctrine is that "[o]ne's right to protection from the negligence of others carries with it the duty of reasonable care for one's own safety. New Jersey's adoption of comparative negligence principles altered the Soronen analysis, because a comparative negligence defense would not act as a total bar to plaintiff's recovery.

The regulatory scheme is both comprehensive and minutely elaborate. However, the state has a long history of seeking to protect the gambler from her own weakness or foolishness prior to by a broad-based ban on gambling activity and thereafter by comprehensive regulation of casino activities.

Aboud, F. In the typical contributory negligence situation, the issue is whether the plaintiff was moving about in the world in a way that posed an unreasonable risk of physical injury to herself.

See Tabor v. Likewise, Aboud imposes liability on casinos for failing to protect clearly intoxicated patrons who have lost the ability to "comprehend[] the consequences of continued, protracted gambling.

The Lee court went on to hold that "in dram shop litigation a jury should apportion fault between the patron and the tavern based on the extent to which each party's negligence contributed to the plaintiff's injuries. It was significant that at the time Soronen was decided, a defense of contributory negligence would completely bar a plaintiff's claim.

In the specific context of dram-shop liability, [5] other policy considerations have influenced the use of the contributory negligence defense. It is clear that gamblers are at a high risk of losing money in a casino otherwise, the casino could not stay in business. New Jersey's policy of protecting those who fall prey to gambling is also evident from N.

Code tit. The crucial question in the instant case is whether the State of New Jersey imposes on a gambling casino patron a duty to protect herself from the financial injury which might occur if she gambles while her mental facilities are impaired by alcohol.

In dram-shop cases, New Jersey has held that an individual plaintiff has a duty not to increase her risk of physical injury, either by becoming voluntarily intoxicated, being unduly careless, or otherwise.

However, a closer analysis suggests at least seven major differences between the two situations: [13].

O'Grady, 59 N. Furthermore, it would make no sense for New Jersey to authorize casino gambling while at the same time imposing a "duty" on a gambler to protect himself from loss. At the very least the State condones casino patrons drinking while they place bets, and the policy of providing free drinks on request could arguably be said to actively encourage this conduct. City of Margate, 86 N. Olde Milford Inn, Inc. Voluntary intoxication thus undermines the policy of individual responsibility on which contributory and comparative negligence defenses are based. Kiku Restaurant, N. Gambling, like other human activities, can create a risk of harm to one who engages in it. See N. New Jersey's restrictions on gambling are thus intended to protect both the individual gambler, and society, from the harms of gambling. New Jersey's restrictions on gambling date back to at least , when the State adopted a constitution that made lotteries unlawful. Cohen, 19 N. An individual who becomes voluntarily intoxicated increases the risk that she will move about carelessly and put herself in a dangerous position. Frank Kull, Inc. See Soronen v. In Soronen, 46 N.