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Slutsky v. Harvey

Court dismisses personal injury action brought by woman blinded after being struck by golf ball.

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Justice Sherwood

SLUTSKY v. HARVEY — The plaintiff was employed by a food services company operating at Blue Hill Golf Course, a municipal golf course in Orangetown. At the time she was injured, plaintiff was driving a golf cart on the cart path which ran parallel to the fairway of the ninth hole. There was rough between the cart path and the fairway.1 She was driving the cart towards the ninth tee where defendant was preparing to tee off with the two golfers in his group. As she drove towards the ninth tee, plaintiff claims that she exchanged waves with the defendant’s group, stopped the cart and then drove the cart to the left of the cart path, farther away from the fairway so that the defendant and his group could play. Defendant testified at examination before trial that he did not see the plaintiff until after he hit his golf ball. When he saw the golf cart, it was traveling downhill towards him. When he realized the ball was traveling towards the cart, he and at least another member of his group started to yell to warn the plaintiff. Plaintiff does not remember hearing anyone yelling. Defendant testified that the cart remained on the path until the ball and the cart met and then it turned off of the cart path away from the fairway. Plaintiff was struck in the face by the golf ball and as result lost vision in her right eye. Defendant now moves for summary judgment.

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