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He was not a participant in the fight, but when the fight moved towards him, he was injured and his leg was broken. The Tavern contends that during summation at the conclusion of the trial, plaintiff's counsel made improper comments concerning the need for a bouncer, and pointing, to a place where the bouncer should have been stationed. Benjamin is survived by his son Rodney Jackson; brother, Oree Jackson; sister, Vurdie Craddock; former daughter in law, Annalea Jackson and 2 grandchildren.
The Tavern contends that during summation at the conclusion of the trial, plaintiff's counsel made improper comments concerning the need for a bouncer, and pointing, to a place where the bouncer should have been stationed. Respondent Brian Fitzharris did not file a brief. Benjamin was a school teacher in the Woodbridge School System for many years before his retirement.
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There being no appeal as the amount of damages, we are satisfied that the verdict as to liability must be affirmed. However, after an examination of the record, in our view, the testimony of a security expert was not necessary for a jury to properly conclude as a result of their common knowledge that some form of security was necessary to be present in a bar which was crowded, noisy and had a band performing.