Assumption of Risk Not a Bar to Golfer’s Lawsuit

Posted on: June 26th, 2012       Attorney Thomas Newell

An August 2009 judicial ruling of the Superior Court of Pennsylvania permitted a golfer to pursue his Philadelphia County personal injury lawsuit. The golfer was playing in a charity golf outing when he agreed to drive his golf cart to the next hole to see if the playing group ahead had cleared the green. On his way back to the tee box, one of his partners hit a wayward tee shot hitting the victim in the face.

Once the personal injury lawsuit was filed, the defendant golfer’s lawyer filed a motion for summary judgment. It was granted by the Philadelphia County Court of Common Pleas based upon the legal doctrine of assumption of the risk. The Appeals Court overturned the trial court decision.

The victim raised a factual issue that would potentially allow a jury to decide that the defendant golfer should have waited for the victim to return to the tee box area before he hit his tee shot. If he owed that duty and failed to do so, his negligence caused the accident. Zeidman v. Fisher, 980 A.2d 637 (Pa. Super. 2009)

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