Dilger
Dilger v. Moyles
Opinion
Opinion
Anderson, J.
Dorothy Dilger (appellant) was struck on the golf course by a ball hit by another golfer, David Moyles (respondent), whom she sued. She appeals the trial court’s entry of summary judgment in his favor. We hold that the trial court was correct in finding that primary assumption of risk bars her lawsuit; accordingly, we affirm.
I. Facts
On the morning of April 26, 1994, appellant and two companions were golfing at Sky West Golf Course in Hayward. After teeing off on the fifth tee, appellant, who was 78 years old at the time, drove her golf cart to where her ball had landed—approximately 95 yards down the fairway. She stopped her cart on the left side of the fairway, which borders the fairway of the sixth hole. After stopping her cart, appellant was struck in the mouth by a ball hit by respondent from the sixth fairway. At the time he hit the ball, respondent was standing behind a row of trees which separated the fifth and sixth fairways. Respondent claimed these trees blocked the line of sight to where appellant was located. Whether or not respondent yelled “fore” upon hitting his errant shot was disputed.