On July 13, 2003, Jason DeVito was hit by a golf cart which had been operated by Tepper's 3 1/2 year old son.
As far as we can tell, after parking the vehicle on a sloped area of the course's fairway, Tepper forgot to turn off the cart's motor.
When the Westchester County Supreme Court denied Tepper's request to have the personal-injury case dismissed, he appealed to the Appellate Division, Second Department.
Was it smart to allow such a child to operate the cart? Here's what the AD2 had to say about it:
[T]he appellant, who owed the plaintiff a duty to exercise reasonable care in parking the golf cart ... failed to establish that he fulfilled that duty. Thus, he failed to meet his burden of establishing his entitlement to judgment as a matter of law ....
When the case is eventually reached for trial, Tepper might want to consider having someone else drive him to the courthouse.
For a copy of the Appellate Division's decision, please use this link: DeVito v. Tepper