Rinaldo vs. McGovern

Rinaldo vs. McGovern - person off the course with a mishit...

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Econ 404 20:01:14 rmf34 Rinaldo vs. McGovern Judge(s): Titone – Judge Court: Court of Appeals of New York (Location, Date): November, 1991 Plaintiff : Roberta Rinaldo (driving car, hit by golf ball and injured.) Case Summary : The issue is whether a golfer who accidently misses the fairway and sends the ball off the golf course onto an adjacent roadway can be held liable in negligence for the resulting injury. Golf ball hit off course, over trees and broke windshield of car and injured Rinaldo. The golfer intending to drive a ball has no duty to warn persons “not in the intended lie of flight on another tee or fairway.” Ordinarily a golfer may not be held liable for hitting a
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Unformatted text preview: person off the course with a mishit ball. A warning would not have helped prevent the accident. Tort liability is the failure to take reasonable steps. Stray balls happen in golf, it is part of the game. To establish liability in tort, there must be both the existence of a recognizable risk and some basis for concluding that the risk was reasonably preventable. The golfer would have had to hit so inaccurately as to unreasonably increase the risk of harm. Defense : McGovern - Golfer Verdict : The case is dismissed; there is no evidence of negligence. Law and Economics Notes :...
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This note was uploaded on 12/11/2007 for the course ECON 4040 taught by Professor Hay during the Fall '07 term at Cornell.

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