Golfer blinded by bad shot sues friend for not yelling 'Fore!'

ALBANY, N.Y. (AP) — Two doctors are playing golf on Long Island. One hits such a poor shot from the rough that it hits his partner, standing somewhere off to the side, in the head. Whose fault is that?

New York's top court will hear arguments Tuesday about whether Dr. Anoop Kapoor was negligent and should have yelled, "Fore!" as a warning before the shot. A judge dismissed Dr. Azad Anand's lawsuit, finding he took on the primary risk by golfing.

A midlevel court, divided 3-1, agreed, concluding Anand was "not in the foreseeable danger zone" and his friend had no duty to yell the customary warning. Anand was blinded in one eye.

The Appellate Division majority also questioned whether even a negligent failure to warn another golfer before taking a swing is inconsistent with the doctrine that anyone stepping onto the course assumes the risk of getting hit.