Appeals Court Affirms That Assumption of Risk Argument Is Wanting in Golf Course Case
A New York state appeals court has affirmed a trial court’s decision to dismiss a motion for summary judgment brought by a golfer, who was sued by another golfer (the plaintiff), after his tee shot hit the plaintiff in the head. In seeking to have the case dismissed, the defendant, Robert Bredenberg, unsuccessfully argued that the plaintiff, Walter Krych, assumed the risk of injury when he stepped on the golf course.
The incident occurred after the defendant’s group stepped on to the