Dr. Azad Anand loses appeal to “Shankapotamus defense” as court establishes ‘Fore yelled on a golf course is a courtesy and not a legal obligation

By Sam Foster

AP is reporting that NY Supreme Court has thrown out Dr. Azad Anand’s lawsuit by making official the newest man-rule; yelling ‘fore on the golf course after making an errant golf shot is a courtesy, not a right.

Dr. Azad Anand was blinded, literally, after being struck by friend Dr. Anoop Kapoor’s slice. Apparently, Kapoor was the type of golfer that breaks with the ‘fore tradition, leaving Anand with no ‘fore warning of his incoming ball. Correction: he said he shouted it and apparently so loud that neither golfing partner standing 20 feet away heard it. At that range, one has to wonder Kapoor’s definition of shout. And thus, the legal question of whether ‘fore is indeed duty of reasonable care raged for nearly 9 years in the NY legal system.

But the question is whether golfers assume the risk of being hit by a ball when golfing. The plaintiff would have to prove that Anoop Kapoor breached a duty of reasonable care, as any Atlanta accident attorney would tell you.

Also, golfers typically yell “Fore!” as pre-swing warning to other golfers but is a golfer legally required to do so? And was he in the so-called “danger zone” that might constitute a warning? That might depend on whether Anoop Kapoor’s friends knew how bad he was at the game.

Dr. Anoop Kapoor won the case by making the “shankapotomus defense.”

Anoop Kapoor’s lawyer argued that his client’s shot was so off-target that it didn’t constitute a warning, which prompted a judge to joke that he was using the “Shankapotamus defense.”

How shanktastic you wonder?

Kapoor testified that Anand was farther away and at an angle of 60 to 80 degrees.

Of course, the most important question of whether Kapoor made it past the ladies tees went undiscovered.


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