[Download] "David Heard Et Al. v. City New York" by Court of Appeals of New York * eBook PDF Kindle ePub Free
eBook details
- Title: David Heard Et Al. v. City New York
- Author : Court of Appeals of New York
- Release Date : January 21, 1993
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
Plaintiff David Heard was seriously injured when he dove off a jetty into shallow water at Rockaway Beach in Queens. Moments earlier, a lifeguard had ordered Heard and his companions to leave the wooden structure. Heard resisted the order, telling the lifeguard he wanted to make one more dive. The lifeguard repeated the order but finally acquiesced in the face of Heards insistence. Heard and his mother, also a plaintiff here, contend on this appeal that the lifeguards acquiescence constituted negligence and was a cause of his injuries. For the reasons stated below, we disagree and therefore affirm the order of the Appellate Division dismissing the complaint.