Golfer struck in the face by club swung by another golfer must show "reckless misconduct" to recover damages
Ronald Blakney sued Bradly Dery after the two golfers became entangled among fifty golfers delayed from starting their round by fog. As the fog cleared, Blakney was called to the tee by the ranger, however, as he approached, he was struck in the face by a club swung by Dery. Dery claimed that Blakney walked into his stationary club and also argued that as a co-participant in a recreational pursuit, he was entitled to limited immunity (from ordinary negligence).
The Court of Appeals concurred, holding that even though the players had not yet actually commenced play, Dery was still protected by the Engler Majority's decision in Richie-Gamester that participants in recreational activities can sue other participants only for reckless misconduct. The latter defense certainly makes sense in contact sports like hockey, baseball and basketball, however, it would seem to have little to recommend its application to pursuits like golf, where "contained violence" is not a part of the game.