I’ve attempted not to write about court cases any more here. This is for two reasons. First, the last time that I did it, I received numerous comments (including one from my personal attorney) advising me that I knew nothing about the case and had completely misconstrued the results. Usually, getting the facts completely wrong and misinterpreting the analysis. As readers here well know, neither of these problems usually induce me to stop writing on a subject, However, since we have a number of writers who actually understand legal issues, I’ve tried to steer clear.

But this case is so important, such an attack on personal safety, that I felt that I had to respond. It turns out that two doctors were beginning their weekly round of golf (so I assume that this happened on a Wednesday). On the very first hole one of them shanked his third shot and hit his playing partner in the eye, permanently blinding him. Unfortunately, his partner was a neuro-radiologist , so sight was an integral part of his job description.

The shanker (as he will be referred to here to protect the incompetent) neglected to scream the mandatory ‘FORE’ when hitting an errant shot, so the shankee had no opportunity to avoid getting clobbered. He sued the shanker for lost wages. The High Court ruled that you only were required to warn people if your shot were actually traveling on its desired path; for other shots no warning must be given as golfers must assume this risk since that is part of the hazard of the sport.

Obviously, none of the jurists play the game. Why would you yell FORE if your ball is going where it is intended…unless the intent was to maim another golfer?