In Valverde v. Great Expectations, during a fund raising event, plaintiff, an employee of the Andrew Glover youth program was injured while a passenger in a golf cart driven by defendant, a participant in the program.  Defendant, age 17 and unlicensed, was driving plaintiff from the clubhouse to the course where she was assigned to monitor a par-three hole for any player that got a hole in one. Defendant did not believe the golf cart was properly functioning and decided to return to the clubhouse to get a new cart. While driving back, the golf cart picked up speed and plaintiff asked defendant to slow down. Defendant made a sharp left turn and plaintiff flew out of the cart.

The Supreme Court denied defendant’s motion for summary judgment and the First Department reversed dismissing the complaint. The Court held that defendant was entitled to summary judgment based on a theory of assumption of risk. A plaintiff who voluntarily participates in a sporting or recreational event is held to have consented to those commonly-appreciated risks inherent to and arising out of the sport. The Court held that golfers appreciate the risk of injury from improperly used golf carts on a fairway. Plaintiff knowingly and voluntarily rode in the golf cart operated by defendant. Even though plaintiff was not actively performing her duties at the time of the accident, the Court held that that does not negate assumption of risk, as the doctrine applies to any facet of the activity inherent in it. Here, that includes riding in a golf cart in the designated recreational venue.

If you decide to take a ride in a golf cart from an unlicensed 17 year old on a golf course, it is at your own risk.  Thanks to Anne Henry for her contribution.  Please email Brian Gibbons with any questions.