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.
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 ….
Michigan Attorney General Mike Cox has filed a renewed motion with the U.S. Supreme Court for a preliminary injunction to close Chicago-area locks because of new information that became available after the Court denied the original motion on Jan. 19.
Cox pointed to eDNA tests showing evidence of Asian carp in Lake Michigan that was available three days before the Court made its decision but not provided by the U.S. Army Corps of Engineers until afterward.
“We think the Court should take another look at our request to hit the pause button on the locks until the entire Great Lakes region is comfortable that an effective plan is in place to stop Asian carp,” Cox said in a statement. “While we would like to see significant and immediate action as a result of next week’s meeting between the governors and administration, that is an unknown at this time, so our battle to protect the Lakes will continue.”
Michigan’s request to reopen the “Chicago Diversion” case, supported by Pennsylvania, New York, Ohio, Wisconsin, Minnesota, and the Province of Ontario, remains before the Supreme Court and briefs are due by February 19. That request seeks a long-term solution to the crisis that will protect the ecology and economy of the Great Lakes.
Cox also called on President Barack Obama to step in to at least temporarily close the locks.