Question

Stan and Dwight were playing in a golf tournament and came to a hole where there was a hill that required a blind shot to the green. Dwight asked Stan to drive ahead in the golf cart to see if they could hit their shots. Stan drove the cart over the hill, saw the green was clear, and started driving back to the tee box. Dwight never saw Stan heading back in the cart, became impatient and without warning hit his shot. The shot conked Stan on the head, knocking him out and resulting in a long term disability. Stan sued Dwight for negligence. What is the likely result? a) Dwight is liable for negligence because a tortfeasor is always liable for whatever damages their behavior causes. b) Dwight is liable for negligence because Stan did not knowingly assume the risk that Dwight would hit a shot in his direction. c) Dwight is not liable for negligence but is liable for assault and battery because he committed an intentional tort. d) Dwight is not liable for negligence because Stan knowingly assumed the risk that Dwight would hit a shot in his direction.

Answer 1

Answer:

b) Dwight is liable for negligence because Stan did not knowingly assume the risk that Dwight would hit a shot in his direction

Explanation:

In this scenario there was an agreement between Stan and Dwight where Dwight asked Stan to drive ahead in the golf cart to see if they could hit their shots.

However Stan drove the cart over the hill, saw the green was clear, and started driving back to the tee box.

Instead of waiting as agreed Dwight made a shot that hit Stan on the head injuring him.

Dwight is liable in this case because he was supposed to wait and get feedback from Stan before making a shot.

He knowingly made the shot knowing there was a blind spot.

This is negligence on Dwight's part.