Bad Golf Shot Lawsuit Ends with Summary Judgment

The New York Appellate Division affirmed, in a 4-1 opinion, a trial court’s ruling granting summary judgment in favor of a golfer who struck his friend in the eye with a golf ball. Both the plaintiff and defendant were medical doctors and friends… before the accident.

In his lawsuit and at deposition, the Plaintiff alleged that he had located his ball and turned around to see where the others in the threesome had hit their balls when he was struck by the defendant's misdirected ball. The plaintiff estimated that he was approximately 15 to 20 feet in front of the defendant when the errant ball was hit. He admitted that it was customary for members of the same golfing party to stand behind the person hitting the ball. The defendant admitted that he did not know where the other golfers were when he hit the ball. The defendant claimed he shouted a warning, but no one heard the warning. (For purpose of summary judgment assuming the facts most favorable to the Defendant, the assumption is there was no "fore" warning.)