After both parties had consumed intoxicating beverages

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Carolyn Miller accompanied William Baker as a social guest to Baker’s brother's camp. After both parties had consumed intoxicating beverages, Miller walked onto a pier that was then only partially completed. Baker had requested that she not go on the pier. Miller said, "Don't tell me what to do," and proceeded to walk on the pier. Baker then asked her not to walk past the completed portion of the pier. She ignored his warnings and walked to the pier's end. When returning to the shore, Miller got her shoe caught between the boards. She fell, hanging by her foot, with her head and arms in the water. Baker rescued Miller, who had seriously injured her knee and leg. She sued Baker for negligence. Decision?

Reference no: EM13904181

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