American Golf Corp. v. Superior Court

An errant shot by a golfer ricocheted off a wooden yardage marker, injuring a companion golfer. We conclude the injured golfer’s personal injury action against the golf course for negligent design and placement of the yardage marker is barred by the primary assumption of the risk doctrine. We hold golf is an active sport, errant shots are an inherent risk of golf, yardage markers are an integral part of the sport, and the golf course as recreation provider did not increase the risk of injury by its design and placement of the yardage marker. We grant the golf course’s petition for writ of mandate directing respondent court to grant its motion for summary judgment.

Facts and Procedural Background

On November 22, 1997, plaintiff and real party in interest Albert Becker was playing golf with his companion, Stan Christopherson, at defendant and petitioner American Golf Corporation’s Lakewood Country Club and Tennis Center (golf course). Both players teed off the 13th tee and then rode in a golf cart down the fairway to a point where Christopherson’s golf ball was located in the rough on the left side of the fairway, approximately 210 yards from the hole. A removable wooden…