Rinaldo v. McGovern

Callahan, J. P., and Balio, J.

(dissenting). The majority holds that, as a matter of law, an injured passenger in a vehicle which is lawfully proceeding on a highway adjacent to a golf course has no cause of action against the golfer who drives a golf ball into the windshield of the car causing the driver to lose control and crash. We disagree; such a ruling is contrary to long-established principles of law. Surely it is foreseeable that if a golfer drives a ball "out of bounds” onto the road it may strike an automobile. To absolve the golfer from fault against an innocent person is unjust.

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