Archive for the ‘Golf Cart’ Category

Ejected – Claim of Youth Group Employee Thrown from Golf Cart at Fundraising Event Barred by Assumption of Risk (NY)

October 23, 2015

Valverde v. Great Expectations, LLC (New York)

An employee of a youth group was injured during a fund raising event at a golf course.  The employee was being driven in a golf cart by a 17-year-old participant in the event.  The participant tried to make a sharp turn into a parking lot and the employee flew out of the cart.  The employee filed a lawsuit against the participant, and the participant filed a motion for summary judgment arguing that the employee’s claims were barred by the doctrine of assumption of risk.  The trial court denied the participant’s motion, and he appealed.

On appeal, the Appellate Division of the Supreme Court reversed the decision and entered judgment in favor of the participant.  The Court noted that in the context of a sporting or recreational event, not only do the participants consent to the risks inherent in the sport or event, but a “nonparticipant may also be subject to a defense based on the doctrine of assumed risk.”  The Court held that the employee knowingly and voluntarily rode in the gold cart during the golf tournament in which she was assigned to monitor one of the holes.  Even though the employee did not know the participant did not have a driver’s license, “she knew that he was a minor yet made no attempt to determine whether he had a license or whether he should be operating a golf cart.”  The Court further noted that it did not render the assumption of the risk doctrine inapplicable simply because the employee was not actively performing her duties of minoring the hole at the time of the incident.  The incident “occurred in a designated athletic or recreational venue.”

Finally, the employee argued that she was under an “inherent compulsion” to assume the risk, but the Court stated there was no evidence to support the claim.