Wednesday, January 5, 2011

New York Court Dismisses 'Fore' Lawsuit as 'Appreciated Risk of Golf'

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ALBANY, N.Y. (AP) -- Slices, hooks and other errant shots are a common hazard on the links and a golfer can't expect to get a warning shout of "Fore!" every time a ball comes his way, New York's top court ruled Tuesday in dismissing a personal injury lawsuit.

Dr. Anoop Kapoor and Dr. Azad Anand were playing on a nine-hole Long Island course in October 2002 when Anand was hit in the head while looking for his ball on a fairway, blinding him in one eye. The seven judges on the state Court of Appeals, siding with lower courts, said Kapoor's failure to yell in advance of his errant shot from the rough did not amount to intentional or reckless conduct.

The court cited a judge's finding that Anand was not in the foreseeable zone of danger and, as a golfer, consented to the inherent risks of the sport.

"The manner in which Anand was injured -- being hit without warning by a 'shanked' shot while one searches for one's own ball -- reflects a commonly appreciated risk of golf," the judges wrote.

They also broadly outlined the test under New York case law for determining when another golfer crosses the line and could be sued.

 

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Source: http://golf.fanhouse.com/2010/12/22/new-york-court-dismisses-fore-lawsuit-as-appreciated-risk-of/

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