Keith Pappas sued Cherry Creek Golf Course and John Randazzo, the driver of a golf cart which tipped over.
While the Nassau County Supreme Court granted Cherry Creek's request to be dismissed from the case, Randazzo wasn't allowed out because couldn't show he hadn't been negligent.
On appeal, the Appellate Division, Second Department, found no evidence which made Cherry Creek responsible for Pappas's injuries.
And although the Course's claims against Randazzo -- for contribution and indemnification -- were also dismissed, because it was possible he had operated the cart at an "excessive speed," the case against him was allowed to proceed, full swing.
Some mulligan!
To view a copy of the Appellate Division's decision, please use this link: Pappas v. Cherry Creek