A Yankwitt LLP trial team led by George (Chip) Godfrey and Jason Swergold brought home a resounding trial win for our casino client, successfully securing a complete defense verdict in a jury trial involving alleged discrimination claims under the New Jersey Law Against Discrimination (NJ LAD).
The plaintiff, a long-time casino patron with Thrombotic Thrombocytopenic Purpura (TTP), alleged that the casino discriminated against him by requesting he wear a long-sleeve shirt to cover bruising caused by his condition while playing blackjack.
The casino argued that the requested shirt, which the casino offered to provide at its expense, was solely for health and safety reasons after a supervisor noticed open wounds and scabs on the plaintiff’s arms, raising concerns about potential contamination and the well-being of its staff and patrons.
Key to Yankwitt LLP’s defense strategy were multiple motions in limine filed and granted by the court to preclude the plaintiff’s other medical history from being entered into the case and the plaintiff’s treating physician from opining on the plaintiff’s psychological damages. In addition, Yankwitt LLP’s exhaustive research into TTP led to a crucial line of questions distinguishing between TTP-related bruising and non-TTP-related wounds and sores.
During the three-day trial, multiple casino employees testified, and the plaintiff’s doctor confirmed that TTP did not cause the open wounds. After several hours of deliberations, the jury delivered a unanimous verdict in favor of the casino. The plaintiff had initially sought $200,000 in damages and previously declined a $40,000 settlement offer.
In addition to Chip and Jason, the Yankwitt LLP defense team included partners Russell Yankwitt and Alicia Tallbe and associate Connor Hilbie.