Morgan v. Fuji Country USA, Inc.

Opinion

KREMER, P. J.

Plaintiff William C. Morgan appeals a summary judgment favoring Fuji Country USA, Inc. (Fuji), doing business as Castle Creek Country Club, on his complaint for personal injuries. Morgan was hit on the head by an errant golf ball while playing on Fuji’s golf course. He contends the court erred in granting summary judgment based on primary assumption of the risk. We reverse.

I

Factual and Procedural Background

On Fuji’s golf course, several mature pine trees stood between the fourth green and the fifth tee. One of the pines shaded the fifth tee area and a nearby concrete cart…