Appeals Courts Affirms that Injured Golfer Assumes Risk of Injury
A New York state appeals court has affirmed the ruling of a trial court that a golfer, who sued a fellow golfer and friend, after he was struck in the eye by his friend’s errant shot, assumed the risk of injury and thus has no claim.
The appeals court ruling was novel in that the plaintiff had alleged that his friend had a duty to yell "fore" before hitting the golf ball, and was thus negligent.
The incident leading to the lawsuit occurred on the morning of October 19, 2002, when