Dr. Kapoor and Dr. Anand were out golfing on Long Island. "Without yelling 'Fore' or giving any other warning," as New York's highest court found, "Kapoor 'shanked' a shot," hitting Anand in the left eye, knocking loose his retina and causing "permanent loss of vision."
So Anand sued Kapoor. Welcome to America! Decision. Appeal. Another appeal.
Finally, today, the NY State Court of Appeals (name corrected) ruled: "A person who chooses to participate in as port or recreational activity consents to certain risks... Failure to 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...
"Being hit without warning by a 'shanked' shot while one searches for one's own golf ball reflects a commonly appreciated risk." No damages, and the injured golfer to pay legal costs. Decision here.