Golfer blinded when playing - now suing golf course. Are you kidding me? Options

[SemperFi91]

I read this article in the paper (Union Leader - New Hampshire) and thought are you kidding me???? The guy isn't smart enough to move the 150 yard post out of the ground and now he wants to sue the golf course? Are they gonna have to start putting warnings on the back of the score cards saying "If you are near the 150 yd stake, please feel free to remove it before hitting your approach shot." Comical.


BRENTWOOD – Paul Sanchez, a 67-year-old "occasional" golfer, sued Candia Woods Golf Links this week over an accident that left him blind in one eye.

Sanchez, of 20 Country Club Drive, Manchester, was golfing with two or three friends in September 2006 when a ball he hit bounced off a yardage-marker and "whacked him" in the right eye, according to his attorney, Barry M. Scotch.

"Before he could even -- pardon the expression -- blink, he was hit," Scotch said. "It just ricocheted right back at him."

In the lawsuit, Sanchez faults the course's owners for failing to warn him about the markers, which are used by golfers to decide what type of club to use and how much effort to put into a swing.

Sanchez is seeking unspecified damages, claiming the markers were made of material too rigid to be safe for the course, according to the suit filed in Rockingham County Superior Court. He also blames the mishap on a lack of warning about the markers and improper placement in the middle of the fairway.

The suit contends the course didn't warn Sanchez about the risk in the pro shop, on the scorecard or on any tee boxes.

Scotch said the markers should have been placed off to the side of the fairway and golfers should have been told they are removable during play.

Police at the time said Sanchez was playing the 11th hole, a 443-yard par-4.

The suit said it was Sanchez's third shot on the hole. The marker was 150 yards from the green.

Court records show Sanchez suffered a fractured upper orbital rim, the bone behind his eyebrow, along with a blurring or total loss of vision. Sanchez was taken from the back nine by ambulance and transported to the Elliot Hospital in Manchester.

If it goes to trial, the case could be before a jury sometime in the summer of 2010. Scotch, of the Manchester law firm Backus, Meyer Solomon & Branch, said a golf expert was consulted before the suit was filed.

"It's not a frivolous, run-it-up-the-flagpole-and-see-who-salutes kind of thing," Scotch said.

There is no word yet on how much money Sanchez will be seeking in damages. Mary Ellen Sanchez, his wife, is also a party to the suit, claiming emotional damage.

Candia Woods owner Peter Harrity refused comment yesterday. An attorney for the course was not listed in court records.

The popular 18-hole course opened in 1964, according to its Web site, where it bills itself as the "Friendliest Course in New Hampshire."

[Double True]

The judge should call both him and his lawyer up to the stand and SLAP THE EVER LIVING SH*T OUT OF BOTH OF THEM. One for even thinking that it's the Golf Courses fault because you suck and his lawyer for being so stupid as to take the case and waste the judges precious time when he himself could have been golfing!

[mat562]

Add me to the list of compensation seekers for this lawsuit. Reading about it has upset me. I will settle out of court for a couple of million though.


Has the entire world gone mad or is it just me?

[kevcarter]

Add me to the list of compensation seekers for this lawsuit. Reading about it has upset me. I will settle out of court for a couple of million though.


Has the entire world gone mad or is it just me?

Nope, not just you. It will settle out of court and both lawyers will make a lot of money from the golf courses insurance company. What a system...

Kevin

[jaskanski]

Strangely enough, this very thing happened at my old club a few years back.
A golfer sliced an errant shot into a public footpath that skirted the course. It hit a member of the public and "broke his glasses". Talk about bad luck - the member of the public turned out to be a lawyer!
It had been quite common knowledge that balls frequently crossed the public footpath in the past and consequently an ugly rumour started that the lawyer in question routinely patrolled the offending spot in a deliberate attempt to try to get hit.
Whatever the outcome was, it was settled out of court for an undisclosed fee. Part of the settlement was also to remodel two of the holes on the course to remove any danger to the public in future. The remodelling cost was an estimated £250,000.
The ironic thing is that the situation could have been avoided with a simple liability statement that put the onus on golfers to provide their own liability insurance. Ouch.
Consequently, I never go anywhere without my insurance - not only to protect my prize equipment, but also to protect myself if I ever hit someone by accident. Which I have done in the past BTW!

This post has been edited by jaskanski: Feb 6 2009, 02:42 PM

[Fore_Man]

haha this course it just 15 minutes away from me... pretty funny!

It boggles my mind that he was even able to find a lawyer that would help him sue a golf course. I thought all lawyers golf!

it's really too bad that the course may be held accountable for an "occasional" golfer's stupidity! I mean, seriously, if it was in the way why did he not try to remove the post from the ground. (i'd imagine it'd have to be in relatively close range) I recall the last time i played there that I pulled one out of the hole and layed it on the ground... I know you're thinking what was i doing deadcenter of the fairway, 150 yds out... but even a blind squirrel finds a nut some times... lololl

[dlygrisse]

The funny thing about the artcle is that they make a big deal about the markers being in the middle of the fairway, and not over to the side. Last time I checked more people tend to play over to the side than the middle of the fairway. LOL. Quite frankly I think the middle of the fairway is the safest place for most golfers.

BTW, I could not agree more with KevCarters statement, the lawyers will be the only ones who win, and the golfers will be the losers because of higher greens fees to pay them off.

[kevcarter]

The funny thing about the artcle is that they make a big deal about the markers being in the middle of the fairway, and not over to the side. Last time I checked more people tend to play over to the side than the middle of the fairway. LOL. Quite frankly I think the middle of the fairway is the safest place for most golfers.

BTW, I could not agree more with KevCarters statement, the lawyers will be the only ones who win, and the golfers will be the losers because of higher greens fees to pay them off.

...and my apologies to any lawyers here, no disrespect intended, I wish I were smart enough to have become one!

Kevin

[One_Putt_Blunder]

Add me to the list of compensation seekers for this lawsuit. Reading about it has upset me. I will settle out of court for a couple of million though.


Has the entire world gone mad or is it just me?

Nope, not just you. It will settle out of court and both lawyers will make a lot of money from the golf courses insurance company. What a system...

Kevin

I agree completely, I was going to post the same thing the course and insurance company will settle out of court, citing the cost of legal fees to fight the claim would outweigh the benefits of going to court. The moron who filed suit and the lawyers will make theirs. Leaving the course and prob other courses in the area holding the bag with higher liability rates now because of it.

[dlygrisse]

Add me to the list of compensation seekers for this lawsuit. Reading about it has upset me. I will settle out of court for a couple of million though.


Has the entire world gone mad or is it just me?

I could not agree more, I can see kids setting in World History class as the teacher explains, "in the 20th century and prior, there was this thing called common sense....."

[mat562]

The fact that we now have packets of nuts with the warning 'May contain nuts' on them to avoid potential lawsuits from those with nut allergies (and, presumably, a lack of intelligence) should be proof enough that common sense is now all but extinct.

[Double True]

I am just shooting from the hip on this one but it sounds to me like this guy was the definition of 'hacker'. He is playing a 443 yrd Par 4 and hitting his THIRD SHOT from 150? he apparently skulled whatever iron he chose (probably could have hit driver and got the same results) and is blaming the course for his lack of golf skills. SHANKAPOTOMUS!!!

[chipper3344]

Reminds me of the time a guy put his RV on cruise control and thought it was autopilot....crashed and then sued. He's now laughing all the way to the bank. Common sense seems to be a rarity these days...

[kevcarter]

The fact that we now have packets of nuts with the warning 'May contain nuts' on them to avoid potential lawsuits from those with nut allergies (and, presumably, a lack of intelligence) should be proof enough that common sense is now all but extinct.

That's nothing...

You know those towel dispensers with cloth that roll up in a loop? We had one in our old pro shop, it had the warning:

"Please don't insert head in loop as it could cause hanging."

Now Mat, if you were stupid enough to hang yourself in a towel dispenser, do you think you'de be smart enough to read the warning?

Kvin

[kevcarter]

Reminds me of the time a guy put his RV on cruise control and thought it was autopilot....crashed and then sued. He's now laughing all the way to the bank. Common sense seems to be a rarity these days...

That's a true story. It was actually a woman, she turned it on cruise control and walked back to the bathroom. She won the case. The cruise control directions should have been gone over with her!!!! Amazing...

Kevin

[PingG10]

Not that I in any way, shape or form agree with the guys lawsuit-I think he's a tool but I've got to wonder-what'n the heck did they make their 150yd marker out of-I've whacked the ones on my home course more than once and fractured some great, whopping chunks out of the PVC ours are made from-I'm kind of proud of a couple of them!!

You also gotta wonder-if they were made out of pipe how the heck did you get a richochet to bounce straight back-that would imply a perfectly nuetral spin and a impact at the tangency point opposite the point of origin-not a trivial problem-even if you were standing fairly close! Now, if it were a square tube or wooden post-I might be able to understand how it happened-just idle curiousity and speculation, I guess.

[cardia10]

I am just shooting from the hip on this one but it sounds to me like this guy was the definition of 'hacker'. He is playing a 443 yrd Par 4 and hitting his THIRD SHOT from 150? he apparently skulled whatever iron he chose (probably could have hit driver and got the same results) and is blaming the course for his lack of golf skills. SHANKAPOTOMUS!!!

Wow! I just pis*ed my pants, and I'm wearing light colored khaki pants too. What a tard! Maybe the golf gods are trying to tell him something. Take up putt putt....well...don't....he might sue for getting his a$$ kicked by the plastic dinosaur.

[Double True]

The fact that we now have packets of nuts with the warning 'May contain nuts' on them to avoid potential lawsuits from those with nut allergies (and, presumably, a lack of intelligence) should be proof enough that common sense is now all but extinct.

That's nothing...

You know those towel dispensers with cloth that roll up in a loop? We had one in our old pro shop, it had the warning:

"Please don't insert head in loop as it could cause hanging."

Now Mat, if you were stupid enough to hang yourself in a towel dispenser, do you think you'de be smart enough to read the warning?

Kvin

My personal belief is that if you are stupid enough to do such a move it was only a matter of time before you walked into oncoming traffic or stepped off the ledge and got hit by a subway car. It's the same kids that play GTA and go kill people because they did it in a video game. You should have to have a license to breed.

[mat562]

The most amazing thing about the new age of senseless litigation in which we all live is that practically every system of criminal law relies upon the basic principle that ignorance of the law in question is not an excuse in the case of transgression - and yet when it comes to civil law, such as that which applies to all these laughable lawsuits, it seems that stupidity is a perfectly reasonable basis for a sucessful claim.

Full marks to the first judge who has the wherewithal to 'do an emperor's new clothes' and not only dismiss the ridiculous case put before him or her, but to chastise the legal professionals who have wasted both time and money in bringing it to court and to then hasten in a rebirth of sense - where every man jack isn't having money siphoned from their pockets and from the coffers of more deserving causes to pay for nonsense such as this.

I've every sympathy for the chap in question but it seems the days of accepting responsibility for your own actions and marking things down to pure bad luck are long gone.

[MAK2525]

Reminds me of the time a guy put his RV on cruise control and thought it was autopilot....crashed and then sued. He's now laughing all the way to the bank. Common sense seems to be a rarity these days...

For the record, while this is a funny story, it is indeed an urban myth that has spread like wildfire.

http://www.snopes.com/legal/lawsuits.asp

This was even spoofed in the movie "The Darwin Awards".

[mat562]

Give it a bit of time.

Someone will no doubt try it.

[*sigh*]

I don't know whats worse, the guy suing the course, or the Wife also being on the lawsuit claiming "emotional" damage.

This is truly pathetic though, some people need to grow up and take responsibility for their own stupidity.

[kevcarter]

Reminds me of the time a guy put his RV on cruise control and thought it was autopilot....crashed and then sued. He's now laughing all the way to the bank. Common sense seems to be a rarity these days...

That's a true story. It was actually a woman, she turned it on cruise control and walked back to the bathroom. She won the case. The cruise control directions should have been gone over with her!!!! Amazing...

Kevin

This never happened. Just an urban myth.

http://www.snopes.com/autos/techno/cruise.asp

Oops, I read that just the other day too. Darn, it was still a great story!

Kevin

[Ronzo]

I don't know whats worse, the guy suing the course, or the Wife also being on the lawsuit claiming "emotional" damage.

The spouse claiming emotional damage or "loss of consortium" is very common in civil actions like this.

Hopefully the judge will throw the cases out due to lack of merit. Also, the course should have a hold harmless statement on the greens fee and cart tickets that they would make you sign, which would make all of this happy HS go away. Every course I play in South Florida has such a statement on the greens fee ticket, cart ticket, and the scorecard. I guess we have an inordinate amount of get-over artists in our fine state.

DISCLAIMER: THE FOLLOWING IS A JOKE. IT IS NOT INTENDED TO DEFAME ANYONE, AND BY READING THIS POST FURTHER, YOU UNDERSTAND AND ACCEPT THAT PREMISE AND AGREE NOT TO TAKE ACTION AGAINST GOLFWRX, ITS ADVERTISERS, THIS POSTER, NOR ANY OTHER GOLFWRX MEMBER.

(joke removed on advise of counsel)

[*sigh*]

Yes, but this was also caused by her husbands own doing.

But whatever, lawsuits like this have just gotten out of control, you read about things like this going on way too often.

This post has been edited by *sigh*: Feb 6 2009, 03:33 PM

[highergr0und]

This stuff drives me nuts. I've been in a few situations that I could have probably cleaned up on, but all of them started with an act initiated by me so I never even thought to sue even as people were pushing me to.

I'd think that they should be able to throw the case out based off of the fact that there's an assumed risk whenever you're on any golf course that you may be struck by a ball, your own or otherwise. Or that he's the one that chose to hit over the marker rather than around it, or even that his skills at golf caused the accident.

[EZPINCHER]

A retired co-worker was working a voluntary overtime detail at a Champions Tour event when he stepped in a "hole", more like a divot, on the course and blew out his ankle. He sued the tour and the club and received an out of court settlement. Just about everyone we worked with thought he was a d'bag for suing over the fact he was a fat clumsy oaf. On top of it all the club suspended our Monday playing privileges for a few years.

[stage1350]

Lawsuits like this make me want to flip the bird at this guy. Too bad he won't be able to see it.

[JA5ON]

Always Keep Your eye on the ball

[Stenson]

Mat, I dont know if you saw in papers other day but now some Milk has 'contains milk' on the packaging now...

Like I'm going to buy a pint of milk, drink it, then sue claiming I didnt know it contained MILK???

Strange indeed.

Following on from strange foods now with these warnings....

http://news.sky.com/skynews/Home/UK-News/C...k_Warns_Cadbury

[mat562]

How do I mark my Titleist?

With a blue dot, your honour.

This post has been edited by mat562: Feb 6 2009, 05:02 PM

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[stage1350]

I know one-eyed Jacks are wild. How about one-eyed Pauls?

I'm just grateful old one eye wasn't named Peter. :inappropriate smiley:

[JA5ON]

Did he go out as a single?

[JA5ON]

He is giving up the game and selling all of his clubs on ebay

I already got a bid in on his Macgregor eye "o" matic driver

[stage1350]

Rumor is that part of the settlement includes an endorsement deal:

http://www.puttingteacher.com/howitworks.html

[hypergolf]

Just one thought though... I have never seen a golf course with the yardage marker right in the middle of the fairway... Is this pretty common in the US?

[DemolitionMan]

I am just shooting from the hip on this one but it sounds to me like this guy was the definition of 'hacker'. He is playing a 443 yrd Par 4 and hitting his THIRD SHOT from 150? he apparently skulled whatever iron he chose (probably could have hit driver and got the same results) and is blaming the course for his lack of golf skills. SHANKAPOTOMUS!!!

Wow! I just pis*ed my pants, and I'm wearing light colored khaki pants too. What a tard! Maybe the golf gods are trying to tell him something. Take up putt putt....well...don't....he might sue for getting his a$$ kicked by the plastic dinosaur.

Actually, he's worse than we thought. If the ball ricocheted back at him, he must have been 160 out for his 3rd shot.

Now I know why my home course moved the barber poles to the sides of the fairways a couple of weeks ago.

[JA5ON]

I am just shooting from the hip on this one but it sounds to me like this guy was the definition of 'hacker'. He is playing a 443 yrd Par 4 and hitting his THIRD SHOT from 150? he apparently skulled whatever iron he chose (probably could have hit driver and got the same results) and is blaming the course for his lack of golf skills. SHANKAPOTOMUS!!!

Wow! I just pis*ed my pants, and I'm wearing light colored khaki pants too. What a tard! Maybe the golf gods are trying to tell him something. Take up putt putt....well...don't....he might sue for getting his a$$ kicked by the plastic dinosaur.

Actually, he's worse than we thought. If the ball ricocheted back at him, he must have been 160 out for his 3rd shot.

Now I know why my home course moved the barber poles to the sides of the fairways a couple of weeks ago.

Good lQQkin out

[Cameron Carter]

That guy is ridiculous, it seems people are just lacking common sense, either move your ball 6 inches or take the marker out of the ground.

[Carl Spackler2]

hahaha, its not like he was playing in a tournament! Playing for fun just like that, you can move your ball 1ft to the left bud. What a mental case