Richardson v. Muscato

• Court: New York Supreme Court — Appellate Division
• Writing for the Court: Before DOERR
• Citation: Richardson v. Muscato, 576 N.Y.S.2d 721, 176 A.D.2d 1227 (N.Y. App. Div. 1991)
• Decision Date: 04 October 1991
• Parties: Lawrence E. RICHARDSON and Nancy Richardson, Respondents, v. Bernard C. MUSCATO, M.D., Appellant, and Orchard Park Country Club, Inc., Defendant.

Page 721

576 N.Y.S.2d 721

176 A.D.2d 1227

Lawrence E. RICHARDSON and Nancy Richardson, Respondents, v. Bernard C. MUSCATO, M.D., Appellant and Orchard Park Country Club, Inc., Defendant.

Supreme Court, Appellate Division Fourth Department.

Oct. 4, 1991.

Hurwitz & Fine, P.C. by Amy Carroll, Buffalo, for appellant, Bernard C. Muscato, M.D.

Hall, Rickets, Marky & Gurbacki by Robert Gurbacki, East Aurora, for respondents.

Before DOERR, J.P., and BOOMER, PINE, BALIO and LAWTON, JJ.

MEMORANDUM:

"A golfer has a duty to give a timely warning to other persons within the foreseeable ambit of danger" (Jenks v. McGranaghan, 30 N.Y.2d 475, 479, 334 N.Y.S.2d 641, 285 N.E.2d 876; see also, Rinaldo v. McGovern, 167 A.D.2d 942, 561 N.Y.S.2d 1006), but "there is generally no duty to warn persons not in the intended line of flight on another tee or fairway of an intention to strike the ball" (Noe v. Park Country Club of Buffalo, 115 A.D.2d 230, 495 N.Y.S.2d 846). Plaintiff Lawrence E. Richardson, who was in the vicinity of the 13th tee and about 20 to 25 feet from the 12th green, was struck on the head by a ball hit by defendant. Defendant was taking his second shot from the left side of the fairway, using a nine iron, aiming for the right side of the 12th green, but his shot pulled to the left. Defendant admitted that, before he took his shot, he observed people between the 12th green and the 13th tee and further acknowledged that there was only about 40 feet between the 12th green and the 13th tee. He also admitted that plaintiff and his party...