NY Court of Appeals Lets Bad Golfer off of the Hook

We previously posted on this amusing case:
http://www.wcmlaw.com/blog/Default.aspx?g=posts&t=301

Now, New York’s highest court has made the course safer — from a legal standpoint — for bad golfers throughout the state.

In Anand v. Kapoor, the foursome got off to a rough start, when, on the very first hole, Kapoor found himself in the rough. After retrieving his ball, but without calling “fore,” he shanked a shot in the wrong direction. Unfortunately, Anand was struck in the eye, sustained a detached retina and suffered permanent loss of vision.

Anand was granted summary judgment at the trial court level, and the Appellate Division upheld the decision. The Court of Appeals recently affirmed, finding that the plaintiff assumed certain risks that are inherent to the sport. One such risk was being hit with a shanked shot.

It seems that the Court found that Kapoor’s failure to warn plaintiff of his shot wasn’t intentional or reckless, because he didn’t expect that his shot would go in the direction of the plaintiff. Ironically, from a legal standpoint, his lousy shot worked to his benefit.

As a beginning golfer, I appreciate the Court’s decision. Otherwise, I’d need to yell fore before I lined up for everything other than a putt.

For more information, please contact mbono@wcmlaw.com

http://www.nycourts.gov/reporter/3dseries/2010/2010_09380.htm