Joseph Lombardo, an "experienced golfer" who had played at the Cedar Brook Golf & Tennis Club "on numerous prior occasions," was injured when he slipped and fell on a patch of wet grass in the vicinity of the 17th tee.
In response to a negligence lawsuit Mr. Lombardo filed in the Nassau County Supreme Court, the Club sought and was awarded summary judgment dismissing the case (without a formal hearing or trial). On appeal, the Appellate Division, Second Department, affirmed.
Because there is always the possibility of injury or harm whenever one engages in a sport or recreational activity, the law views participants as having acquiesced to the risks which are "inherent in and arise out of" the endeavor. In other words, injuries from "events which are known, apparent or reasonably foreseeable" are not compensable.
Since the wet grass was an "open and obvious condition," and Lombardo had been aware of the course's closure due to "torrential rains" the day prior to the accident, Lombardo was found to have knowingly and voluntarily "assumed the risk of injury by playing on the wet surface."
And, without any evidence that the course's design violated a "specific industry standard," the AD2 also clubbed the golfer's claim of a negligent course design.
