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GOLFER ASSUMED THE RISK OF LOSING CONTROL OF HER GOLF CART ON A WET SLOPE.

The Fourth Department determined plaintiff had assumed the risk of losing control of her golf cart on a steep slope:

… [D]efendants established on the motion that plaintiff was an experienced golfer who had played that hole and driven that cart path several times previously. Apart from her familiarity with the steep topography of the hole, plaintiff was aware that it had rained the night before and that the course was still wet that morning. She had driven her golf cart on that cart path just moments before her accident, and further had observed the leaves and berries on the cart path as she began down the cart path. It is common knowledge that leaves and other natural litter may be present on a golf course and that such litter may become slick when it is wet … . For those reasons, we conclude that plaintiff was aware of the risk posed by the cart path and assumed it … . Kirby v Drumlins, Inc., 2016 NY Slip Op 08709, 4th Dept 12-23-16

NEGLIGENCE (GOLFER ASSUMED THE RISK OF LOSING CONTROL OF HER GOLF CART ON A WET SLOPE)/GOLF CARTS (GOLFER ASSUMED THE RISK OF LOSING CONTROL OF HER GOLF CART ON A WET SLOPE)/ASSUMPTION OF THE RISK (GOLFER ASSUMED THE RISK OF LOSING CONTROL OF HER GOLF CART ON A WET SLOPE)

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