Chronicling the high cost of our legal system
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“The city of Sanford [Florida] is in court — again — because the private company that manages its Mayfair Country Club golf course wants out of its 20-year contract, accusing the city of a 90-year-old lie. Maece Taylor Inc., which rescued and revived the course four years ago after the city had a falling-out with its previous operator, says its deal with the city is invalid because city officials lied about who designed the course in the 1920s.” [Orlando Sentinel]
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“A golfer whose arm was torn off by an alligator during a round of golf in South Carolina has sued the course’s owner under the novel theory that the design of the course created an alligator hazard.” [OnPoint News]
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Headline: “Teen hit with own golf ball sues for millions.” The youth was using a Hillsboro, Ore. driving range in the rain and his ball ricocheted off a metal awning post back into his face. [KATU]
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A good walk spoiled — by litigation? [Peter Applebome, N.Y. Times]
“In a brief opinion released today, the New York Court of Appeals agreed with lower courts that a golfer hit by an ‘errant’ shot could not sue his co-golfer for negligence, because one who chooses to golf assumes the risk of being whacked by a golf ball.” [Lowering the Bar, AP, earlier]
Two doctors, frequent golf partners, were playing a round together when one was struck in the face at close range by the other’s ball. Lower courts dismissed the resulting case, which is now on appeal. [Lowering the Bar, WSJ Law Blog] Plus: WLF (“this is not a lawyer or doctor joke.”)
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Sign at Arizona golf course: “For Your Safety, Walking, Running and Recreational Activity Is Prohibited” [Free-Range Kids, with pic]
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The son of the former mayor had sued over being kicked off the university’s golf team. ["Campus Notes" News & Observer blog, WSJ Law Blog; earlier coverage]
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Following thirty years of battles, the Obama Administration signaled that it would extend federal recognition to the Shinnecock tribe. Of particular interest: “The tribe is also hoping to resolve more than $1 billion worth of land disputes in the Hamptons, including its claim to the site of the Shinnecock Hills Golf Club, which has played host to the U.S. Open several times.” [NYT] Backed by casino promoters, the tribe filed a massive land claim in 2005 which I wrote about at the time in the NYT; a federal judge rejected the case the next year, following a turn against Indian land claims at the Second Circuit level.
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A federal magistrate has turned a preliminary thumbs down on the argument advanced by a pro golfer against his suspension from the PGA for using synthetic testosterone to treat a low testosterone count. The use of such hormones is often associated with increased muscle mass and athletic performance. [CNN via Jon Hyman]
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Everyone else in the country has been talking about it, we may as well too. [Hanna Rosin, Slate via WSJ Law Blog] Another view: Cathy Young, Real Clear Politics.
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“In an opinion peppered with golf references and a quote from “Caddyshack” star Bill Murray, a federal magistrate has recommended the dismissal of a lawsuit brought by Rudolph Giuliani’s son over his booting from Duke University’s varsity golf team.” [The Smoking Gun, Althouse; earlier]
At a Dix Hills, Long Island golf course, Dr. Azad Anand was injured when his golfing buddy hit the ball flying without yelling the traditional cry of “fore”. A New York appellate court, however, “said getting hit by an errant ball is an ‘inherent risk of the game of golf.’” [AP/Staten Island Advance] More: John Hochfelder discusses the concept of the “foreseeable danger zone“.
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The golf accident in Hillsborough County, Florida resulted in a $1 million payout. Several legal bloggers discussed the case on Twitter and Nicole Black picked us up on her compilation site, LegalTweets (which is worth checking out generally).
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