"Whose fault is that?"

The AP story on the doctor suing the other doctor over not yelling "Fore!" went viral and as terrible as it is, it would seem to have major implications depending on how the court rules.

New York's top court will hear arguments Tuesday about whether Dr. Anoop Kapoor was negligent and should have yelled, "Fore!" as a warning before the shot. A judge dismissed Dr. Azad Anand's lawsuit, finding he took on the primary risk by golfing.

A midlevel court, divided 3-1, agreed, concluding Anand was "not in the foreseeable danger zone" and his friend had no duty to yell the customary warning. Anand was blinded in one eye.

The Appellate Division majority also questioned whether even a negligent failure to warn another golfer before taking a swing is inconsistent with the doctrine that anyone stepping onto the course assumes the risk of getting hit.

A dissenting justice said there's a factual question under existing case law about whether Kapoor violated the sport's rule, "unreasonably increased" his partner's risk and caused the accident.

The Court of Appeals is expected to rule next month after hearing oral arguments Tuesday.