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January 2011 Archives

January 3, 2011

TICL and Trial Lawyers CLE at the Annual Meeting Announced


TICL and the Trial Lawyers Sections have announced the full program for CLE to be held on January 27, 2011 at the 2011 Annual Meeting of the New York State Bar Association. The program will offer 7 hours of CLE credit. The credits are not available for newly admitted attorneys. You can register for the Annual Meeting and the CLE here. Details on the CLE program are available here.

January 7, 2011

Hackers Rejoice - Court of Appeals rules against injured golfer

By Scott Petersen

Mediocre golfers across the State let out a collective sigh of relief recently, when the Court of Appeals issued a decision affirming a lower court award of summary judgment to a golfer whose errant shot struck his playing partner in the eye.

The case originated in Suffolk County when two physicians, Anoop Kapoor and Azad Anand, were trying to enjoy a round of golf. Kapoor "shanked" his second shot on the first hole into the rough. Anand, without waiting, started up the fairway to look for his earlier-hit ball, at which point Kapoor approached his ball and hit his next shot. Kapoor's shot was again errant, but he did not yell "fore" and his ball struck Anand in the eye, causing retinal detachment and permanent loss of vision. Anand brought a claim against Kapoor for negligence, claiming his failure to warn of the errant shot caused the injury.

The Supreme Court dismissed Anand's case, and the Appellate Division affirmed, with one justice dissenting, finding that Anand was not within a foreseeable zone of danger, and also on grounds of assumption of risk.

The Court of Appeals affirmed the dismissal, noting that generally the assumption of risk doctrine bars claims for injuries that "are inherent in and arise out of the nature of the sport generally and flow from such participation." While a plaintiff will not be deemed to have assumed the risk of "reckless or intentional conduct or concealed or unreasonably increased risks," the court found that here none of the exceptions applied. Being hit with a golf ball, in the manner in which Anand was struck, the court found, "reflects a commonly appreciated risk of golf."

A reminder to always stand behind your playing companion.


Scott M. Peterson is a personal injury and civil litigation partner with the Albany-based law firm Tully Rinckey PLLC, where he handles cases involving these issues. He can be reached at 518-218-7100 or speterson@tullylegal.com.


About January 2011

This page contains all entries posted to Torts, Insurance and Compensation Law Weblog in January 2011. They are listed from oldest to newest.

December 2010 is the previous archive.

February 2011 is the next archive.

Many more can be found on the main index page or by looking through the archives.