Casual Friday says Fore? Nah!

So you’re on the fourth hole and BAM! Your playing partner duffs a shot across the fairway and implanted his Titleist into your head, causing you to lose sight in one eye. [Sorry. John Madden wrote that last sentence.] But wait? You don’t remember hearing anyone yell “Fore!” So you sue the guy who hit the ball because certainly, he had an obligation to warn you of his errant shot.

Not so, at least in New York, where the Court of Appeals has found no such duty of care exists.

The court found that the injured party assumed the being hit by a golf ball is an assumed risk of playing golf, thus had to show intent or recklessness.

Here, Kapoor’s failure 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 to which Anand consented. Rather, the manner in which Anand was injured – – being hit without warning by a “shanked” shot while one searches for one’s own ball — reflects a commonly appreciated risk of golf ….

That’s it for us this year. See you in 2011.

Casual Friday presents: Technology ho!


I know Michigan Law School attracts the best and brightest, and perhaps some others.

It seems that during the admissions period, anxious applicants like to call and berate speak anonymously to admissions officials about why it takes so long to make a decision the process.

But assistant dean of admissions Sarah Zeafoss, well, I’ll let her tell you:

“I have some bad news for the recent spate of ‘anonymous’ phone callers to the Admissions Office,” Zearfoss wrote. “What with our being in the 21st century and all, we have caller ID.

“It’s sort of awkward for us when someone calls and says, ‘I don’t want to tell you who I am,’ but we’re sitting there looking at a screen that, in fact, tells us who you are. On the one hand, saying ‘too late!’ seems a little confrontational and snarky; on the other, playing along seems a little disingenuous. The solution? I’m putting it out there: we know who you are.”

[From ABA Journal]. Yes, type A law applicants (Are there any other kind?), 1990s technology has hit Michigan. We have TiVos and DVD players, and cell phones that don’t require carrying a bag around.

I’ve heard of forced overtime, but this is ridiculous. A Florida woman crashed through the gate at the prison where she worked. The sheriff found she was driving under the influence of a controlled or chemical substance. She was held in the jail at which she worked. But hey, it helped with the commute.

Iron(y) Man: Did you hear the one about the plaintiff class action law firm that was sued by a former employee for failing to pay overtime hours? [New York Times].