Suing your golf partner? Really??

[bhs7695 185]

http://nbcsports.msnbc.com/id/40197291/ns/sports/

 

ALBANY, N.Y. - Two doctors are playing golf on Long Island. One hits such a poor shot from the rough that it hits his partner, standing somewhere off to the side, in the head. Whose fault is that?

 

New York's top court will hear arguments Tuesday about whether Dr. Anoop Kapoor was negligent and should have yelled, "Fore!" as a warning before the shot. A judge dismissed Dr. Azad Anand's lawsuit, finding he took on the primary risk by golfing.

 

A midlevel court, divided 3-1, agreed, concluding Anand was "not in the foreseeable danger zone" and his friend had no duty to yell the customary warning. Anand was blinded in one eye.

 

The Appellate Division majority also questioned whether even a negligent failure to warn another golfer before taking a swing is inconsistent with the doctrine that anyone stepping onto the course assumes the risk of getting hit.

 

A dissenting justice said there's a factual question under existing case law about whether Kapoor violated the sport's rule, "unreasonably increased" his partner's risk and caused the accident.

 

The Court of Appeals is expected to rule next month after hearing oral arguments Tuesday.

 

The men, frequent golf partners, were playing in October 2002 at the Dix Hills Park Golf Course with another friend, Balram Verma. After hitting a second shot on the first hole, each set off to find his ball.

 

Anand testified that he was hit as soon as he found his ball and turned around, about 15 to 20 feet away from Kapoor.

 

Verma testified that Anand was 15 to 20 feet away from Kapoor and about 50 degrees away from the intended line of flight for Kapoor's shot.

 

Kapoor testified that Anand was farther away and at an angle of 60 to 80 degrees. He said he shouted a warning when he realized the ball was headed toward Anand. Neither friend said he heard a warning.

 

According to the British Golf Museum, the term "fore" may have come from forecaddie, meaning someone employed to go ahead of players to see where their balls landIn his 1881 "The Golfer's Handbook," Robert Forgan wrote that a golfer shouts the word "to give the alarm to anyone in his way."

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Two things.

 

First, New York's court system is messed up beyond any respectful recognition. It would take me the rest of the day to tell you the reasons why, but let's just say that these things happen in an oligarchy. And that's what New York is.

 

Second, New York's courts have been entirely right thus far. This is all about assuming the risk on the golf course. You play football, you assume the risk of breaking an ankle. You race cars, you assume the risk of crash. You play golf, you assume the risk of being hit with an errant shot. Simple open-and-shut case in terms of tort law. I would be FLOORED if the Superior Court of New York overturned this.

[bhs7695 185]

I have the same argument against people who build houses along a golf course that was already established without signs saying you are responsible for the ball you hit. If I hit a ball and it bounces off your house, I shouldn't be liable for any damages caused by said ball regardless of what the homeowners' position is. I got into an argument with a woman one time at Myrtle Beach over that.

[hokie07 11]

I have the same argument against people who build houses along a golf course that was already established without signs saying you are responsible for the ball you hit. If I hit a ball and it bounces off your house, I shouldn't be liable for any damages caused by said ball regardless of what the homeowners' position is. I got into an argument with a woman one time at Myrtle Beach over that.

 

Hit the ball straight and in the fairway and you'll save yourself an argument. ;)

[BigBlueAlum 12]

Hit the ball straight and in the fairway and you'll save yourself an argument. ;)

 

Guess I should quit playing golf then.

[GMan 3,569]

Hit the ball straight and in the fairway and you'll save yourself an argument. ;)

 

I'd aim at her house just so I could argue with her...:D

[GrahamPG44 11]

I'd aim at her house just so I could argue with her...:D

 

lmao nice!

[bmh8_2011 10]

Guess I should quit playing golf then.

 

That be me too... lol