ALBANY — Two doctors are playing golf on Long Island. One hits such a poor shot from the rough that it hits his partner, standing somewhere off to the side, in the head. Whose fault is that?
New York’s top court will hear arguments Tuesday about whether Dr. Anoop Kapoor was negligent and should have yelled “Fore!” as a warning before the shot. A lower court judge dismissed Dr. Azad Anand’s lawsuit, finding he took on the risk by golfing.
A midlevel court agreed, concluding Anand was “not in the foreseeable danger zone” and his friend had no duty to yell the customary warning. Anand was blinded in one eye.
A dissenting justice said there’s a factual question under existing case law about whether Kapoor violated the sport’s rule and unreasonably increased his partner’s risk.