Clift v. Nelson

(dissenting) — If the decision of the majority is allowed to prevail, it would lend credence to the statement of Mr. Clift's counsel during oral argument:

Some years ago when I was in law school we were studying cases like this and the professor called upon one of my classmates and he said, "what have you learned from all of this?" He said, "well, if you're going to commit *612your torts, you'd better do it in groups." I would like to think that was not a correct answer.

Particularly under these circumstances the plaintiff, Mr. Clift, should have his day in court — that is, a day where the…