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Duck yourself!

The state Court of Appeals said Kapoor’s failure to scream “fore” before accidentally zinging Anand did not amount to intentional or reckless conduct.

By LIFS January 12, 2011 at 1:06 PM
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Play golf at your own risk, a New York appeals court has ruled in dismissing a personal injury claim by a Long Island neuroradiologist Azad Anand against his golf buddy endocrinologist Anoop Kapoor, who blinded him in one eye with an errant shot at Long Island’s Dix Hills Golf Course in 2002.

 
The state Court of Appeals said Kapoor’s failure to scream “fore” — which is traditionally used by golfers to warn others of an errant shot — before accidentally zinging Anand did not amount to intentional or reckless conduct: “Kapoor’s failure to warn of his intent to strike the ball did not amount to intentional or reckless conduct, and did not unreasonably increase the risks inherent in golf to which Anand consented. Rather, the manner in which Anand was injured—being hit without warning by a “shanked” shot while one searches for one’s own ball—reflects a commonly appreciated risk of golf.” Donk! 
 

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Odds & Ends | Magazine | January 2011

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