Duffy v. Midlothian Country Club

Plaintiff appeals from an order granting Midlothian Country Club and Western Golf Association (defendants) motion for summary judgment. On appeal, she contends that (1) the trial court erred in granting summary judgment; (2) the issue of proximate cause of her injuries is one for the jury; and (3) defendants, as a matter of law, are barred from asserting the defense of assumption of risk. We reverse and remand. The pertinent facts follow.

On the morning of June 29,1973, plaintiff, her son, his friend, and his friend’s mother, Audrey Carlson, went to the 1973 Western Golf Association’s “Western…