Hellriegel v. Tholl

417 P.2d 362 (1966)

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Nature of the Case

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Facts

P's teenage son, was seriously injured when Ds, three of his friends, tried to throw him into Lake Washington during an afternoon spent in water-skiing, sunbathing, and engaging in horseplay. P sued in his own behalf for recovery of the cost of the medical care for his son, and sued in his son's behalf for the loss of income and for the temporary total disability and the alleged permanent partial disability, as well as for general damages for the alleged negligence and recklessness by which his son was harmed. Before trial, the complaint was amended by changing the grounds of the liability from negligence and recklessness to that of battery. The trial court granted a nonsuit in that there was evidence that P’s son had consented to the acts and that the final result was an accident and not a battery.