American Golf Corp. v. Manley , 222 Ga. App. 7 ( 1996 )

Andrews, Judge,

concurring specially.

I concur specially in Case No. A96A0615 to observe that, generally, golfers assume the risks associated with operating a golf cart on the steep terrain of a “mountain” type golf course such as the one at issue in this case because the steep grades are inherent in the design of the course, expected by the golfer, and plainly visible.

Nevertheless, I concur in the result in this case because there was evidence supporting Manley’s claim that he was injured in the golf cart accident as a result of a hazardous condition on the golf course which was not expected or plainly visible and of which American Golf Corporation had superior knowledge. Although the steep grade of the cart path was plainly visible to Manley as he approached it, there was evidence that the hairpin curve farther down the path was not visible until he approached it in the cart while driving down the steep grade. There was no evidence that Manley was not operating the golf cart in a reasonably safe manner as he approached the curve considering the obvious steepness of the path. Even assuming the cart and its brakes were functioning properly, there was evidence that the steep grade of the path and the momentum of the cart along with the sudden appearance of the hairpin curve combined to create a hazardous condition which was a proximate cause of the accident.

Because it was aware of previous golf cart accidents at the hairpin curve, American Golf Corporation knew the conditions at the curve were potentially hazardous and called for the exercise of extreme caution by golf cart drivers as they approached the concealed curve. The signs placed by American Golf Corporation warning golfers to exercise caution because of the steep path but giving no warning of the additional hazard caused by the hidden hairpin curve were not adequate to fully inform Manley of the hazard. Since Manley had never before played the course, he had no actual knowledge of the additional hazard created by the hairpin curve. Accordingly, the case was properly submitted to the jury on evidence that American Golf Corporation had superior knowledge of a hazardous condition which proximately caused the accident.

I concur fully in Case No. A96A0616.