Corrino v. Duffy, Law Div. – Essex County (Vena, J.S.C.) 36-3-2727

Failure to yell “fore” is not recklessness; the recklessness, not negligence, standard applies to recreational sports activities.

Two defendants were released from the case by summary judgment when the court affirmed that the heightened recklessness “standard” for tort liability and recreational sports applied. The determination of recklessness in any sports activity must be based on the conduct and mental state of the actor. In this case, the failure to yell “fore” was not an obligation after a shanked shot, and recklessness, not negligence, was the proper standard to apply.

Case Law Alerts, 2nd Quarter, April 2014