N.J. appeals court skewers man in broken tooth case

Gavel Scale Lawsuit

A New Jersey man who broke a tooth on an unpitted cocktail olive may feel like the pits following a state appeals court ruling that overturned a previous verdict that would have made the casino that served the drink pay for his dental work. The story was published in the Courier Post.

The appeals court overturned a ruling that required Ocean Casino Resort in Atlantic City, NJ, to pay the patron, John Longinetti, more than $1,500 for his dental treatment. In 2022, Longinetti sued the resort after reportedly breaking a tooth on an unpitted olive in his virgin Bloody Mary while playing the slot machines at the casino, according to the story that was published on January 17.

Longinetti claimed that typically, the casino served his cocktail with a skewer holding pimento-stuffed pitted olives. On the day he broke his tooth, the patron claimed his drink was served with loose olives, one of which contained a pit. The lower court judge preceding over the case found negligence on behalf of the casino.

The appellate court overturned this decision, noting that Longinetti was the only person to testify that the casino always served its Bloody Mary drinks with skewered, pitted olives, and there was no evidence that the cocktail can only be served with a skewer of pitted olives, according to the story.

Longinetti reportedly plans to appeal the ruling. 

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