Brust v. Town of Caroga
287 A.D.2d 923,731 N.Y.S.2d 542 (3rd Dept 2001)
The firm successfully defended the Town of Caroga by obtaining summary judgment on motion. The Town is the owner of a golf course. Plaintiff was injured when her golf cart rolled down a hill and struck her while she was walking to her ball. The court determined that the Plaintiff assumed the risk of open and obvious topographical features of the golf course, such as a downward sloping hill, and that the risk of injury from improperly operated golf carts is inherent in and arises out of the nature of the sport.