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Torts Keyed to Underwood
Herman v. Wesgate
Citation:464 N.Y.S.2d 315 (N.Y. App. Div. 1983)
The plaintiff attended a party to celebrate the impending marriage of defendant Thomas Hauck. The party occurred on-board a barge owned by defendants Wesgate and Rouse. Following a cruise, the barge was anchored near a shoreline. The depth of the water off the bow of the barge wa approximately two feet. Several guests began “skinny dipping” and within a brief period of time, some in the party began to throw others still clothed off the bow into the water. Two unnamed individuals threw the plaintiff off the bow without his consent. When the plaintiff went overboard, he injured his spinal cord.
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Topic Refresher CourseNegligence: Joint Tortfeasors, Identification and Contribution