Dr. Azid Anand was injured when Dr. Anoop Kapoor took a shot from the rough on October 19, 2002. These two physicians and a third man met together at the golf course. Dr. Kapoor hit a ball which veered to the right and struck Dr. Anand’s left eye. The golf ball hit him with such force that he lost sight in the eye. At the time of the trial, Dr. Anand testified that Dr. Kapoor never yelled “FOUR” at the time he swung his golf club. This is a traditional warning from one golfer to another that they may be in the path of a golf ball. So to speak, they should duck! It was argued that he was negligent in failing to yell “four”. The judge hearing the se dismissed it. His ruling was that getting hit by a golf ball on a golf course is the risk you take when you play golf.
The Appellate Court upheld this decision. The case has now been appealed to New York’s highest court. Dr. Anand’s attorney claims that the underlying facts of the case were confusing. Due to the confusion and circumstances involved in the case. He feels that the judge should not have dismissed this matter. The appropriate way to resolve this case was to present it to a jury and let them make a decision. Dr. Anand claims millions of dollars in damages because his medical practice has been limited due to his losing sight in one eye.
I never looked at golf as a violent game. My sport of choice is tennis. I am presently sixty years old and one day, when I am too old to play tennis, I may consider playing golf on a regular basis. Up until then, I’ll stick with tennis.
Our office has been handling all types of personal injury cases for more than 45 years. We represent individuals in car accidents, truck accidents, wrongful death cases, slip and fall cases and cases involving individuals bitten by dogs. Should you be involved in an accident or suffer an injury, call us at 1-800-344-6431, 516-561-6645 or 718-350-2802.
