Michael R. v. Jeffrey B.

Opinion

STONE, P. J.

Michael R., a minor, appeals through his guardian ad litem from a judgment entered in favor of respondents upon an order granting respondents’ motion for summary judgment, The issue herein is whether verbal encouragement to commit assault with a deadly weapon is affirmative conduct sufficient, as a matter of law, to impose civil liability for damages ensuing from that assault. We hold that it is, reverse the judgment and order the trial court to reinstate appellant’s complaint against respondents.

Facts, December 18, 1979, at approximately 8 p.m. Michael R., while walking…