Court Case 7.3 Essay

269 words - 2 pages

3/20/2013
Case 7.3 Summary
The Issue in this case is that Cassie Pfenning was struck in the jaw with a golf ball while driving a beverage vehicle during a golf scramble and received major and permanent injuries to her mouth jaw and teeth. She filed a complaint against the person who hit the ball, the Elks club holding the scramble and others and alleged “the defendants ...view middle of the document...

” Pfenning claims that as a direct and proximate result of the defendants negligence that she was forced to suffer physical and mental pain and anguish.
Rule of Law in this case claims that the court had consistently held that “there is no duty from one participant in a sports activity to another to prevent injury resulting from an inherent risk of the sport.” This means, that since she agreed to be there, she was in charge of her own safety.
The applied rule of law in this case stated that even if you were to assume the Pfenning was completely ignorant to the game prior to the event, after the approximately 3 hours she spent prior to being struck by the ball, she should have been aware of the possible risks involved in the game and thus could not hold the defendants responsible for her safety.
In conclusion, given Pfennings status as a participant of the scramble while driving the beverage cart, as well as her inherent knowledge seeing the game played, the court found the defendant did not owe her a duty.

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9051 words - 37 pages . ________________________________________________________________________________________________________________ Professor Thales Teixeira and Research Associate Alison Caverly prepared this case. HBS cases are developed solely as the basis for class discussion. Cases are not intended to serve as endorsements, sources of primary data, or illustrations of effective or ineffective management. Copyright © 2011 President and Fellows of Harvard College. To order copies or request permission to reproduce materials, call 1-800-545-7685, write Harvard