Appeals Court Finds Assumption of Risk Inapplicable in Golfing Accident

In a majority decision, a California appeals court has affirmed a trial court’s ruling that granted a motion for a new trial to a plaintiff, who sued a fellow golfer after he was hit in the head by the golfer’s tee shot.   The panel held specifically that the defendant’s failure to first locate the plaintiff, who was playing in the same group, before teeing off increased “the sport's inherent risks” and voided the assumption of risk defense.   The incident occurred on August