Legal Opinion
Herman v. State
New York Court of Claims
Decided June 10, 1981No. Claim No. 62036PublishedCited by 3 opinions
1Opinion of the Court
OPINION OF THE COURT
Gerard M. Weisberg, J.
On August 4, 1976, at approximately 12 noon, Glen Herman (claimant) and his friend Lawrence Weinmann entered the surf at Jones Beach West End 2 (WE2). They paused momentarily at the water’s edge to wet their ankles; then Glen Herman ran into the water, a distance of 50 to 100 feet, to a point where the gradually deepening water had reached waist level — approximately four feet. Lurching forward, straight out towards the sea, in a head first “surface-dive”, Herman struck a submerged sand bar with his arms and head. Still conscious, he felt the sand…
2Cases cited26 opinions
- Weiss v. FoteNew York Court of Appeals · 1960
- Scurti v. City of New YorkNew York Court of Appeals · 1976
- Sadowski v. Long Island R.R. Co.New York Court of Appeals · 1944
- Collentine v. City of New YorkNew York Court of Appeals · 1938
- Curcio v. City of New YorkNew York Court of Appeals · 1937
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3Cited by3 opinions
- Kaczmarczyk v. City and County of HonoluluHawaii Supreme Court · 1982
- Smith v. N.C. Department of Natural Resources & Community DevelopmentCourt of Appeals of North Carolina · 1993
- Smith v. DEPT. OF NATURAL RES. & COM. DEV.Court of Appeals of North Carolina · 1993