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Golfer hit by provisional sues offending 3some. Judge drops partners from case

nevets88

By nevets88,
in Golf Talk

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Note: This thread is 3799 days old. We appreciate that you found this thread instead of starting a new one, but if you plan to post here please make sure it's still relevant. If not, please start a new topic. Thank you!

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nevets88 Incredible Member

nevets88

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3 some tees off, golfers on adjacent fairway sees they're done teeing off, start to play but one of the 3 some takes a provisional, hits golfer on adjacent fairway in eye, no one yelled fore, struck golfer requires multiple surgeries to restore vision, sues all in 3 some for reckless behavior.

“Plaintiff (Corino) has failed to cite any legal authority to support the contention that the reckless conduct of one player is attributable to all members of his party,” Vena wrote. “Even if Mr. Chovanec and Mr. Schweizer agreed to allow Mr. Duffy to take a second tee shot, it is the state of mind and conduct of the actor that is essential to a finding of recklessness.”

http://www.nj.com/essex/index.ssf/2013/11/essex_judge_says_golfing_partners_are_not_responsible_for_someone_elses_mulligan.html

Steve

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billchao Incredible Member

billchao

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I don't see where the plaintiff has a case, here. Even the precedent cited by the article only mentions that a "golfer's decision to take a mulligan while another golfer was standing in the middle of the fairway or 'in the line of fire' could be considered reckless conduct." I don't see how that applies to a golfer playing an adjacent hole.

Bill

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Hammer 4 Great Member

Hammer 4

Not sure about the rules, but I would think that the golfer hitting the ball has a responsibility to yell FORE, and not his playing partners.

I got hit the same way, some clown sliced a shot, hit me right above my right eye, I wasn't wearing glasses at the time. What made me mad was, he didn't yell fore, and then acted like he did Nothing wrong. I asked for his cal. DL info, in case there were further problems, he refused. I called the golf Marshal and he told them to either give me the info. or go home, they decided to leave after 6 holes. Turned out I was fine, only a slight bruising. anyway, sorry for the OT.

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joekelly Great Member

joekelly

One of the few cases where the ubiqutous moblie with camera function is truly useful.  Take a photo of the offending rascal and just in case he runs off, you have some kind of evidence or idea who he is.

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Hammer 4 Great Member

Hammer 4

One of the few cases where the ubiqutous moblie with camera function is truly useful.  Take a photo of the offending rascal and just in case he runs off, you have some kind of evidence or idea who he is.

If this was directed to me, sorry we didn't have camera phones back then..LOL

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newtogolf Incredible Member

newtogolf

I've never liked courses where two fairways are adjacent and there aren't trees between them to protect golfers from this exact situation.

Defendant can be accused of being a crappy golfer, but hard to prove he was reckless given the course layout and circumstances.

Joe Paradiso

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mvmac Incredible Member

mvmac

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A golfer may not be to blame legally but not yelling fore if you seeing a ball, whether it's yours or a playing partner, going into an adjacent is douchey imo

Mike McLoughlin

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jsgolfer Super Member

jsgolfer

Except a provisional ball is not a mulligan.

-Jerry

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Note: This thread is 3799 days old. We appreciate that you found this thread instead of starting a new one, but if you plan to post here please make sure it's still relevant. If not, please start a new topic. Thank you!

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