Legal Opinion
Heard v. City of New York
New York Court of Appeals
Decided October 21, 1993PublishedCited by 132 opinions
1Opinion of the Court
OPINION OF THE COURT
Simons, J.
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 Heard’s insistence. Heard and his mother, also a plaintiff here, contend on this appeal that the lifeguard’s acquiescence constituted negligence and was a cause of his injuries. For the reasons stated…
2Cases cited24 opinions
- Cohen v. Hallmark Cards, Inc.New York Court of Appeals · 1978
- Glanzer v. . ShepardNew York Court of Appeals · 1922
- Nallan v. Helmsley-Spear, Inc.New York Court of Appeals · 1980
- Turcotte v. FellNew York Court of Appeals · 1986
- H. R. Moch Co. v. Rensselaer Water Co.New York Court of Appeals · 1928
19 more not listed; retrieve them via the Exa API.
3Cited by132 opinions
- Eternity Global Master Fund Limited v. Morgan Guaranty Trust Company of New York and Jpmorgan Chase BankCourt of Appeals for the Second Circuit · 2004
- Harsco Corp. v. SeguiCourt of Appeals for the Second Circuit · 1996
- Kimmell v. SchaeferNew York Court of Appeals · 1996
- Percy King and George Russell v. Crossland Savings Bank and American Express CompanyCourt of Appeals for the Second Circuit · 1997
- Guest v. HansenCourt of Appeals for the Second Circuit · 2010
127 more not listed; retrieve them via the Exa API.