Top NY court upholds dismissal of golf ‘fore’ suit
Lawyer Blogs
Slices, hooks, and other errant shots are a common hazard on the links and a golfer can’t expect to get a warning shout of “Fore!” every time a ball comes his way, New York’s top court ruled last week in dismissing a personal injury lawsuit.
Dr. Anoop Kapoor and Dr. Azad Anand were playing on a nine-hole Long Island course in October 2002 when Anand was hit in the head while looking for his ball on a fairway, blinding him in one eye. The seven judges on the state Court of Appeals, siding with lower courts, said Kapoor’s failure to yell in advance of his errant shot from the rough didn’t amount to intentional or reckless conduct.
The court cited a judge’s finding that Anand wasn’t in the foreseeable zone of danger and, as a golfer, consented to the inherent risks of the sport.
Related listings
-
Lawyer: Feds probe pilot critical of air security
Lawyer Blogs 12/27/2010A pilot who posted videos on YouTube that were critical of security at San Francisco International Airport is now the subject of an investigation, the pilot's attorney says.The pilot placed several videos on YouTube in late November or early December...
-
Ohio fraud fugitive ordered to serve 25 years
Lawyer Blogs 12/24/2010A federal judge in Ohio has ordered a woman to start serving a 25-year prison sentence interrupted after she fled the country following her corporate fraud conviction.A jury convicted 62-year-old Rebecca Parrett in 2008 for her role in a $1.9 billion...
-
Court: Judge wrongly found grandmother killer sane
Lawyer Blogs 12/24/2010The Indiana Supreme Court has determined a judge wrongly considered the condition of the state's mental health system in rejecting an insanity defense for a man convicted of stabbing his grandmother to death in front of family members. In a 3-2 decis...
Grounds for Divorce in Ohio - Sylkatis Law, LLC
A divorce in Ohio is filed when there is typically “fault” by one of the parties and party not at “fault” seeks to end the marriage. A court in Ohio may grant a divorce for the following reasons:
• Willful absence of the adverse party for one year
• Adultery
• Extreme cruelty
• Fraudulent contract
• Any gross neglect of duty
• Habitual drunkenness
• Imprisonment in a correctional institution at the time of filing the complaint
• Procurement of a divorce outside this state by the other party
Additionally, there are two “no-fault” basis for which a court may grant a divorce:
• When the parties have, without interruption for one year, lived separate and apart without cohabitation
• Incompatibility, unless denied by either party
However, whether or not the the court grants the divorce for “fault” or not, in Ohio the party not at “fault” will not get a bigger slice of the marital property.