HERMAN V. WESTGATE
94 A.D.2d 938 (1983)
NATURE OF THE CASE: Herman (P) appealed a summary judgment for Westage (D), others filed
under a concerted action theory.
FACTS: P was injured as a guest at a stag party for Hauck (D). The party barge was
anchored near the shoreline in two feet of water. Guests began 'skinny dipping' and to throw
others still clothed off the bow into the water. A number of people escorted P to the bow of
the barge where, unwillingly, he went overboard. This resulted in injury to his spinal cord.
P sued Ds. P alleged concerted action. The court granted John Hauck's motion for dismissal
of the complaint and for summary judgment and denied without prejudice the motions of
defendants Michael Hauck, Thomas Hauck and Timothy Di Mino for the same relief. The court
granted James Hauck's motion for dismissal of the complaint, summary judgment and for
dismissal of all cross claims against him. P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
Get
free access to the entire content for Mac, PC or Online
for 2-3 days and free samples
of all kinds of products.
for 2-3 days and free samples of all kinds of products.
https://bsmsphd.com
© 2007-2016 Abn Study Partner
No comments:
Post a Comment