Choi and Keane v. Hunterdon County YMCA, Inc., et6 al., 2017 N.J. Super. Unpub. LEXIS 2737

PGA dismissed on summary judgment from child’s injury at golf summer camp.

The plaintiff’s appeal of the dismissal of the PGA was denied. The parents sued for injuries to their child’s baby teeth from the swing of one child golfer to the mouth of their child. The Appellate Court found that the professional golfer hired to instruct the children in golf was hired by the New Jersey Golf Foundation. The agreement signed by the YMCA and the New Jersey Golf Foundation did not mention the PGA. The use of the PGA logo in the camp brochure and the statement within the brochure that “PGA Professionals” would be providing instruction to the children was not enough to demonstrate a master-servant relationship with the PGA and the instructor. The court found no evidence the PGA was aware of the use of its name or logo on the brochure or that it authorized its use. As no appearance of authority could be demonstrated, summary judgment for the PGA was upheld.

 

Case Law Alerts, 1st Quarter, January 2018

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