3/30/2007
Graeb v. Borgata Hotel Casino & Spa
In Graeb, two patrons that were involved in a physical altercation claimed that Borgata should be held responsible for negligent supervision and violation of Dram Shop laws. One patron allegedly dislocated his left shoulder and fractured his nose as a result of the fight.

Susan Slim successfully argued that the Borgata did nothing to contribute to or otherwise cause the patrons’ accident or resultant injuries. Borgata security responded promptly and efficiently broke up the fight between the two patrons. In addition, neither patron could proffer any evidence that Borgata knowingly served a visibly intoxicated individual, as would be necessary to sustain a Dram Shop claim.

Accordingly, the arbitrators did not attribute any liability to Borgata and attributed liability equally between the two sparring patrons. Susan Slim thereafter petitioned the Superior Court, Law Division, Hudson County, for an Order to confirm and enter the arbitration award. The Court agreed and subsequently dismissed all pending claims against Borgata in their entirety and with prejudice.