NY Golfer Does Not Have Duty To Call "Fore" Before Shanking A Shot
When I was in law school, my torts professor lectured that the New York Court of Appeals will always rule for the golfer. That still seems to be a good way to analyze a golf case. Today, in Anand v. Kapoor, the court ruled that being hit in the eye by a shanked shot, was a “commonly appreciated” risk of the game and, therefore, within the risks assumed in playing the game. Case dismissed.
The memo opinion is, in fact, must reading for anyone interested in the assumption of the risk doctrine in New York. (Or, for anyone who is going to a holiday party with golfers.)
