Herman v. Westgate
Supreme Court of New York, Appellate Division
464 N.Y.S.2d 315 (1983)
Relevant factsFree
Robert Herman was a guest at a bachelor party held on a barge, where some guests began throwing other guests into the water; at least two people threw Herman into the water against his will, injuring him. Herman (plaintiff) sued Thomas, John, and James Hauck (defendants) and others, alleging they had acted in concert in the tortious conduct. The lower court granted summary judgment to John and James Hauck, and Herman appealed.
IssueFree
Whether a defendant may be held liable for an injury-causing tortious act committed by others, when he participated in a concerted plan to commit that act but did not personally carry out the specific act that caused the injury.