HARPER V. HERMAN
499 N.W. 2d 472 (1993)
NATURE OF THE CASE: This is a negligence case for failure to warn. Herman (D) appealed an
order, which reversed a summary judgment for D in Harper's (P), guest's, personal injury
action arising from a diving accident.
FACTS: Harper (P) was one of four guests on Herman's (D) boat. P was invited on the boat
outing by another guest on D's boat. P and D did not know each other prior to the boat
outing. The group decided to go swimming and D suggested a popular recreation spot. D was
familiar with the spot and was aware that the water remained shallow for a good distance
from the shore. P had been there once before. The bottom of the lake was not visible from
the boat. P asked if D was 'going in'. D responded with a yes and unannounced, P stepped
onto the side of the middle of the boat and dove into approximately two or three feet of
water. P struck the bottom of the lake, severing his spinal cord, rendering him a
quadriplegic. The trial court granted summary judgment for D, which was reversed by the
court of appeals. D appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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