By Rob Harris, of Golf Dispute Resolution
Golf’s version of texting while driving has been working its way through the Ohio courts, resulting in an appellate court holding Roger Kreps liable for plowing his cart into a member of his threesome. As found by the court, Mr. Kreps perpetrated an unfortunate example of distracted driving when he ran over golfer Jeff Forman while preoccupied by his scorecard.
The court explained it this way:
“Forman, Kreps, and Dr. Charles Yourstowsky were golfing together at Tippecanoe Country Club. After hitting their first shots from the 15th tee, the three men drove two golf carts to their respective second shots. Forman and Yourstowsky were sharing a cart, while Kreps followed behind in his own cart.
“Forman stopped at his ball and exited his cart to play his second shot. Meanwhile, Kreps looked down at his scorecard but continued to operate his golf cart and hit Forman from behind; Forman went through the double panel plexiglass windshield of Kreps’ cart and landed on the floor of the cart with his legs up.”
So, what to do when faced with a lawsuit for the ensuing injuries? Well, Mr. Kreps (or more likely his attorney) came up with a defense, arguing that Mr. Forman had assumed the risk of being run over by a golf cart. As the court explained, “Kreps argues that since the club’s customs are to use a cart, anyone playing a round of golf there is aware of the ordinary risks of using a cart.”
That’s right. Drawing parallels to the well-settled view that being hit by an errant shot is an inherent risk of playing golf, Mr. Kreps asserted that being on the receiving end of a negligently operated golf cart is a non-actionable event that unfortunately sometimes occurs. Thus, a golfer must bear the injuries caused by a misdirected EZ Go just as he would for a misdirected Titleist.
Unfortunately for Mr. Kreps, the court did not accept his argument. According to the court, “as the nonuse of a cart does not prevent a person from engaging in golf—while the nonuse of a ball or club would—it cannot be considered an inherent part of the game. As such, the risk of being injured by a golf cart does not become an ordinary and foreseeable risk.”
So, for all those intent on micromanaging their scorecards, please do so with the cart brake on.
The opinion can be found here: http://www.supremecourt.ohio.gov/rod/docs/pdf/7/2016/2016-Ohio-1604.pdf
