Hellriegel v. Tholl

Dicka Hellriegel was playing near a lake with friends who discussed throwing each other in; Dicka boasted they couldn't throw him in. Three friends (defendants) tried, and in the horseplay one slipped and fell on the back of Dicka's head, breaking his neck and paralyzing him. Dicka's father (plaintiff) sued for battery. The trial court dismissed, finding Dicka consented to the horseplay.

Whether a person who consents to an activity assumes the risk of injury accompanying that activity, so as to bar a battery claim.