The grandfather is not entitled to summary judgment. This incident and the subsequent threat of litigation pose an important question: What precautions are the golf industry taking to protect spectators and players from injury due to errant shots? at 9, (b) the Elks failed to follow its own protocol in providing safety instructions to beverage cart operators, and (c) the Elks should not have permitted a minor to operate a cart from which alcoholic beverages were served. at 6. The case established that the traditional warning of fore was not required before a competent golfer hitting their shot. Similarly, the issue of whether the beverage cart was used to distribute alcoholic beverages fails for a lack of proximate cause. The appellate court affirmed. FORE! Can You Recover Compensation If Hit With an Errant Golf If the golf course will not take responsibility for the damages then you will likely need to put in a claim with your physical damages portion of your insurance policy. (c) fails to exercise reasonable care to protect them against the danger. Summary judgment was correctly entered in favor of Whitey's on the plaintiff's claim for premises liability. See also Graven v. Vail Assocs., Inc., 909 P.2d 514 (Colo.1995) (notwithstanding state skiing statute abolishing duty for inherent dangers and risks of skiing, finds reduced duty not applicable where skier's injuries resulted from dangerous unmarked conditions). The reviewing court must construe the evidence in favor of the non-movant, and resolve all doubts against the moving party. Shambaugh & Son, Inc. v. Carlisle, 763 N.E.2d 459, 461 (Ind.2002). Motion for Summary Judgment by the Golfer. The Court of Appeals did not apply its no-duty formulation to such intentional injuries or reckless conduct. This test, first enunciated in Webb v. Jarvis, 575 N.E.2d 992 (Ind.1991), balances three factors: (1) the relationship between the parties, (2) the reasonable foreseeability of harm to the person injured, and (3) public policy concerns. Id. The parties agree that conventional golf etiquette includes calling fore when a golfer's shot may endanger others.
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