Appeals court upholds dismissal of ‘Fore’ lawsuit

December 25, 2010

New Yorks top court says “shanked” shots are a common hazard on the links and golfers cant expect to get a warning shout of “Fore!” every time a ball comes their way.

The Court of Appeals in a unanimous ruling Tuesday upheld lower courts dismissal of a doctors personal injury lawsuit against his golfing partner.

The seven judges say Dr. Anoop Kapoors failure to yell in advance of his errant shot from the rough did not amount to intentional or reckless conduct. The ball blinded Dr. Azad Anand in one eye on the Long Island course in 2002.

The court cited a judges finding that Anand was not in the foreseeable zone of danger while searching for his own ball on the fairway and, as a golfer, consented to the inherent risks of the sport.