Wellsfry v. Ocean Colony Partners, LLC

Plaintiff was allegedly injured when he stepped on a tree root in a grassy area of a golf course. He and his spouse sued the course owner for negligence and loss of consortium, alleging defendant created a dangerous condition by failing to either remove or warn of the root. The trial court granted summary judgment, finding the suit barred by the primary assumption of risk doctrine. Plaintiff appealed.

The Court of Appeal affirmed. The court found that the inherent risk of playing golf on an outdoor course includes risks associated with the course’s topographical features. Golfers, including plaintiff, can reasonably expect to encounter variations in the ground surface and obstacles as they traverse the course. Because the course owner did not increase or fail to take reasonable steps to minimize the inherent risk of injury, the primary assumption of risk doctrine barred this lawsuit. In reaching this conclusion, the court noted that plaintiff’s subjective knowledge, awareness, or expectations as to the existence and magnitude of the risks he chose to encounter are not relevant, as the scope of defendant’s duty of care is a legal question to be decided by the court.