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

[MoGolf]

I also know a guy that lost an eye when a ball ricocheted back and hit him. He was saving a stroke by "trying" to hit out of a dry creek. The ball hit a rock and came back and took out his eye.
The ironic thing about this story, it was the golf pro's father.
BTW, he didn't sue anybody over his stupidity.

[JA5ON]

Im sure if he had to hit that shot again he would have moved the pole

Hindsight is 20/20

[Asleep]

It will settle out of court and both lawyers will make a lot of money from the golf courses insurance company. What a system...

Get used to it, as these types of lawsuits will be fast on the rise.

[Double True]

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?

I've never seen one where the 150 marker is in the middle but I have seen ones where if you playing to a blind, downhill shot they have a maker in the center but its a really skinny pole. This guy just sucked it up big time and I hope he gets testicular cancer for his stupidity

[Lumpy_22]

Absolute garbage ... guess we'll have to sue people for putting up telephone poles that we drive into....

[huy]

This is ridiculous. It's sad that he will actually benefit from this even though it was his own fault.

[Brad31]

Don't official USGA rules allow the removal of the post? (Assuming it is removable) If so the golfer didn't follow USGA rules, so why should the course be responsible? Just amazing how some people have no shame.

[hogans71]

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?

I've never seen one where the 150 marker is in the middle but I have seen ones where if you playing to a blind, downhill shot they have a maker in the center but its a really skinny pole. This guy just sucked it up big time and I hope he gets testicular cancer for his stupidity

I am as tired of frivolous lawsuits as the next person (and this one most certainly falls in that category) but to actually wish another human being cancer is pathetic. I mean, really? You actually wish some nobody that you've never met that's done nothing to you personally, cancer? I've seen what it can do first hand- trust me, you dont wish that type of suffering on anyone. It's called karma dude-believe in it 'cause its real...

On topic...
This clown fails to take responsibility for his own stupidity and is now looking to benefit from it. As far as I'm concerned, this case should not even be heard. He should then be required to pay all costs associated with this nonsense and be given a few hundred hours of community service for wasting everyone's time. JMO...


Of course, you could suggest that it was merely to drive your point home but still, pretty lame...

[jwfgolfpro]

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."

We had a guy sue us about 15 years ago for not letting him take his wheel chair on the greens.
Also listed in the lawsuit was the fact that we would not let him hang onto a golf cart and be pulled.
We fought and won the lawsuit but in the process spent thousands of dollars.
Come to find out this is what this yahoo did for a living. File Lawsuits 24/7

JWF

[mat562]

Presumably people like your professional victim are prime candidates for being declared a vexatious litigant by the court system.

I don't know how the system works in the U.S. but in the UK there is some recourse to deal with people such as that by the courts. Ambulance chasing solicitors can also be the subject of sanctions too - albeit, sadly, it's very rare that timewasting legal professionals are brought to book - either in civil cases or criminal ones.

This post has been edited by mat562: Feb 8 2009, 11:41 AM

[rankoutsider]

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.

This is a very perceptive comment, since the course should be able to counter-claim that there is actually a rule in the USGA guide that tells you what to do when a manmade obstruction is either in the line of flight or the sightline. It isn't common sense that this guy needed; it was a better understanding of the rules. He should have taken a free drop from the obstruction if it impeded his swing or his line of sight to the hole. If he plays it as it lies, then he accepts the consequences.

Also, if he is 68 he should have seen a few balls hit a few objects in his day, and realized the many good reasons not to hit when something in your way is as hard as a golfball.

As for the lawyer taking the case, well, I don't want to offend, but some lawyers need this kind of nonsense suit just to fill their working days. It might be that without this guy, the lawyer has no clients, so why not file the lawsuit.

[Double True]

Presumably people like your professional victim are prime candidates for being declared a vexatious litigant by the court system.

I don't know how the system works in the U.S. but in the UK there is some recourse to deal with people such as that by the courts. Ambulance chasing solicitors can also be the subject of sanctions too - albeit, sadly, it's very rare that timewasting legal professionals are brought to book - either in civil cases or criminal ones.

I wish there was something that could be done in the US but there isn't. In fact a few weeks ago I was reading about a guy who has been unemployed for the past X amount of years (it was a lot). Now this gentleman was in a wheelchair so one could say, oh well he has disabilities so he cannot work. WRONG! He makes his money, which was over 125k a year, by going to various places of commerce be it restaurant, convenience store etc. and SUES them if they do not have a handicap accessible toilet or ramp. Instead of asking them to put it in he causes a huge amount of suffering to mom and pop stores that didn't cater to his whim. Now I for one throw the B.S. flag on this guy, I mean come on. I understand that you are bound to your wheel chair but to purposely go out and cause a ruckus so you can get paid? Oh America. Land of the free and home of the sue happy!! Most of these places don't want to deal with the court hassles so they just settle out of court. As for the one person above that complained about my joking of the infamous 'golf ball hitter poker eye outer person' to get cancer, this person truly deserves it. That is karma!

[mat562]

In all honesty, it's the system that's primarily to blame for nonsense such as this.

It's a system that perpetuates the myth that nothing is ever your fault and that someone else is invariably to blame and should be made to pay for it. The fact that the legal system sees that they generally do - or are bullied into doing so without recourse to a legal case - is the biggest culprit of all. Because the status quo also funds a very lucrative life for legal professionals who take on such nonsense and know how to play the system, it also means that there is also never a shortage of occasionally unscrupulous people saying 'yes we can' when an unfortunate person considers whether they can sue someone following an accident or mishap - as they usually do these days, since dusting yourself down and marking something off as a simple case of bad luck is almost unheard of now.

Ultimately, it's money that's taken away from more deserving causes to give someone who's suffered an injury a bumper payday - and to give various lawyers a nice little earner year-in year-out.

There certainly are genuine cases of negligence where damages are entirely appropriate; but sadly they seem to be ever more the exception rather than the rule.

This post has been edited by mat562: Feb 8 2009, 01:15 PM

[bogeyk]

The sad thing is this man is suing because of his own poor judgement and someone's life can be ruined because of it. Say the club has to let employees go to pay for the legal bills or even worse has to shut down because of a verdict against them. This shmoe is down on an island living it up and path of destruction follows him. If he wins not enough bad things can happen to him.

[hogans71]

As for the one person above that complained about my joking of the infamous 'golf ball hitter poker eye outer person' to get cancer, this person truly deserves it. That is karma!

At what point was I complaining?
It is clear to me now that you just dont get it- to suggest someone deserves cancer is beyond belief. As I said, I've seen it up close and its a horrible, horrible disease. This idiot deserves something but it sure is hell ain't that lot in life. Judging from your response you weren't kidding- lets hope you never experience something like that...

[blade_man]

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...

I remember this and my first thought was "how stupid was that jury!?" I wish I had been on it.

[Double True]

Sorry if I misunderstood your undertones but to me that sounded like COMPLAINING.

'But to actually wish another human being caner is pathetic. I mean, really?'

Or was that just a sympathetic cry? Or maybe you are implying that I have never dealt with the horrors of a friend or family member having cancer. Not to dabble in my past but yes I have. I have lost 3 of my grandparents to it. One I was fortunate enough to see while on his death bed and say goodbye and the other 2 I was overseas on deployment and couldn't be there so please do not try and parent me on my play of words. If I want to joke about some guy that I don't know getting cancer because of some stupid stunt he is pulling I will. I don't honestly wish that on anyone unless you deserve it. i.e. child molesters, rapists etc. THEY deserve that life. If you want to keep trying to guilt trip me please feel free to send me a PM.

[fussternut]

Well, let's face it, we've all done something stupid on the course. whether it be trying to climb on a frozen water hazard to try and retrieve your golf ball (guilty), not choosing to lay up, throwing a club or just forgetting to mark down a score. That being said, this man probably figured he was going to hit a shot that was going to avoid the marker. Of course, as soon as he saw it, his main thought was probably to not hit the ball at the marker. And let's face it, as soon as we focus on trying not to do something in golf, we're probably gona do it. I won't call him stupid; after all, I'm not even sure if that moving a distance marker is allowed. But if anything, he should have just played a safer shot, instead of going for the risky shot. But really though, if any of us had the opportunity to sue someone, I'm sure a few of us would. Still, I hope this case does not succeed. THese are tough times, and as far as i know, the golf course industry is struggling. If this case succeeds, the course may have to close down, and the many golfers that go there should not have to suffer just because this one man could not do away with his pride for one shot by playing a safer shot/move the marker. I hope him and his family get through this though feeling better.

[SV Golfer]

Good Lord... Could you imagine if they got that on video?

It would be YouTube gold!

[motoo344]

That is pretty ridiculous, it never ceases to amaze me for what people sue for.

[DLiver]

Our legal system allows virtually anyone to sue another. It is up to the courts to determine whether the suit has merit.

A lot of people get all worked up over this and conclude that a suit like this is an example that our society is in decline, etc. etc., but the only reason this is news in the golf world (and beyond) is because a case like this is so unusual and outrageous. In all likelihood, this case is going to get thrown out and, knowing the course owner, I wouldn't be surprised if he countersues.

[stage1350]

Tort reform/loser pays would eliminate crap like this. Even if the case is thrown out, the defense has to hire a lawyer at significant cost to have the case thrown out.

[squarre]

Tort reform/loser pays would eliminate crap like this. Even if the case is thrown out, the defense has to hire a lawyer at significant cost to have the case thrown out.

I do defense work and we definitely get more than our fair share of ridiculous cases. That being said, I think a loser pay system wouldn't have a lot of effect on the filing of meritless cases because a lot of the individuals bringing the suits have very few (or no) assets that could cover the cost. It may eliminate a few lawsuits, but I think most would still be filed knowing that even if you lose you can't pay so it doesn't matter.

Back on topic - this claim is ridiculous.

[larrybud]

Lawyers are ruining the United States. Cleaning up on a case like this, running Congress and pretty much every other government position, and the judges are no better.

We need Loser Pays to discourage these ridiculous lawsuits!

[larrybud]

Tort reform/loser pays would eliminate crap like this. Even if the case is thrown out, the defense has to hire a lawyer at significant cost to have the case thrown out.

I do defense work and we definitely get more than our fair share of ridiculous cases. That being said, I think a loser pay system wouldn't have a lot of effect on the filing of meritless cases because a lot of the individuals bringing the suits have very few (or no) assets that could cover the cost. It may eliminate a few lawsuits, but I think most would still be filed knowing that even if you lose you can't pay so it doesn't matter.

Back on topic - this claim is ridiculous.

The "loser" should include the scumbag lawyer. If the lawyer can cash in on a win, they should take a hit on a loss.

[Ronzo]

My attorney's in the hospital after being hit by an ambulance. It was backing up at the time.

[larrybud]

Our legal system allows virtually anyone to sue another. It is up to the courts to determine whether the suit has merit.

A lot of people get all worked up over this and conclude that a suit like this is an example that our society is in decline, etc. etc., but the only reason this is news in the golf world (and beyond) is because a case like this is so unusual and outrageous. In all likelihood, this case is going to get thrown out and, knowing the course owner, I wouldn't be surprised if he countersues.

It is an example, as almost everyone refuses to take responsiblity for their own actions, whether it's some old fart hitting a golf ball or a billion dollar bank. It MUST be someone else's fault, therefore, someone else (i.e. taxpayers or an honest business owner) needs to compensate us.

The fact that it might be thrown out is irrelevant. The course owner now has legal fees, time, and stress to deal with because of it. Time cannot be recovered, even if he countersued and won.

[mat562]

I agree.

There should be some sanction for legal professionals who persistently instigate frivolous cases. Whether it should be financial or disciplinary in nature should be left to the Law Society but questionable ethics (and sometimes deliberate abuse of court time and procedures) are becoming increasingly widespread since there is very little to dissuade solicitors from rolling the dice in cases such as this. In the event of a win, they win. In the event of a loss, they still do very nicely and can very easily wash their hands of the whole episode leaving the taxpayer, in the majority of cases, to foot the lion's share of the bill.

This post has been edited by mat562: Feb 9 2009, 01:37 PM

[squarre]

Tort reform/loser pays would eliminate crap like this. Even if the case is thrown out, the defense has to hire a lawyer at significant cost to have the case thrown out.

I do defense work and we definitely get more than our fair share of ridiculous cases. That being said, I think a loser pay system wouldn't have a lot of effect on the filing of meritless cases because a lot of the individuals bringing the suits have very few (or no) assets that could cover the cost. It may eliminate a few lawsuits, but I think most would still be filed knowing that even if you lose you can't pay so it doesn't matter.

Back on topic - this claim is ridiculous.

The "loser" should include the scumbag lawyer. If the lawyer can cash in on a win, they should take a hit on a loss.

I agree with that as well. However, I would worry about somebody bringing (and winning) a Constitutional law case in one of the more liberal circuits saying that they can't find anyone to represent their ridiculous case. There are at least sanctions that can be sought against attorneys in some situations.

[goldenbear]

why isnt the person who hit the ball liable. is his case based off where the yardage marker was placed?

[jimbonecrusher]

I think anybody stupid enough to file a frivolous law suit should be shot in the head in the middle of time square, just so they can't infect the rest of the world with their stupidity. If that can't happen, at least these idiots should get the whipped with the really whippy end of a fishing rod. The lawyers who represent this idiots should get the same treatment. Remember, it was the lawyers and judges that caused Rome to fall.

This post has been edited by jimbonecrusher: Feb 12 2009, 07:55 AM

[tjy355]

I agree that rewarding people for their stupidity and putting warning labels and idiot-proofing everything is INTERRUPTING the process of natural selection!

We are in the phase of de-evolution my friends!

This post has been edited by tjy355: Feb 12 2009, 09:10 AM

[cmusic]

Congress won't stop frivolous law suits because the majority of senators and representatives are lawyers themselves.

A friend that owns a small trucking company is going into court tomorrow morning to challenge a lawsuit from a wreck last year. A man with a suspended driver's license, expired tags and registration on his SUV, no insurance, not even a ligitimate mailing address to get his mail, crossed three lanes of traffic and t-boned one of my friend's trucks at a stoplight. The man's SUV was traveling fast enough to ram itself under the cab and flip the truck over. The truck driver had brusies and cuts, but was relatively ok. The man driving the SUV was killed and his passenger wife was severely injured. My friend's truck was totaled and he had to pay a $12,000 hazmat cleanup bill (not covered by his insurance) on the truck's busted fuel tank and spilled cargo. Between the loss of the truck and the cleanup my friend was out almost $100,000. The police report does not state who was at fault but to anyone with a brain can see the man was at fault. (Our state laws say the police can aim blame in a vehicle accident, only individuals, insurance companies, and courts can assign blame.) A local lawyer contacted the wife and they are now suing my friend for one million dollars, which is the limit of his insurance. His insurance is wanting to settle before the trial saying they are not 100% sure that they would win the case infront of a jury that might be impartial to a grieving widow. The friend is refusing to settle.

[mohacker]

Since I am in trucking, everyone sees a truck and say"big trucks, big bucks" since most of us carry $1M in liability. As for the golfer, 3rd shot and still 150 yds out? Maybe he is suing to get lessons!!

[DJWilly]

The 'victim' is a 67 year old golfer. 150 out after 2 strokes on a 440+ hole isn't that rediculous. My dad, before I upgraded his clubs for his 70th birthday could conceivably been in or near that situation. I added huge yards and confidence to his game with an inexpensive half set of cavity back irons, a sand wedge, and a graphite-shafted, huge-headed, John Daly model driver from a big box sporting goods store in the mall. He would have never accepted the major manufacturer's clubs (and costs) and more than a half set and he is uncomfortable in his shot-making. So he plays with his son (or his friends) with a grin and we have a good time.


20 year old sticks. 67 years of wear on a body. Short off the tee - maybe 170 with an old wooden driver. 120 with a worm-burning 3 iron. 290 total. Leaves 150 to the hole.

I make no comment on the lawsuit, because I really don't care. I deal with stupid every day in my job and there is little that surprises me any more when it comes to the North American ability to come up with rediculousity. However, being a newly enthusiastic golfer and a growing club-gathering doofus, I do remember when I couldn't get around a course in the air and being 150 out for my third shot isn't that big a stretch. I have little sympathy for the 'victim', but I can concieve of his being in the situation described. Hopefully his vision can recover and the club isn's shut down due to steeply rising insurance costs. Although in these economic times, that might be too much to ask.

[Ronzo]

I agree that rewarding people for their stupidity and putting warning labels and idiot-proofing everything is INTERRUPTING the process of natural selection!

We are in the phase of de-evolution my friends!

Q: Are we not men?
A: We are Devo!

[blade_man]

Absolute garbage ... guess we'll have to sue people for putting up telephone poles that we drive into....

When I saw this I thought "now there is an idea!" so went out ran the ol Camry up to about 80 mph and hit the telephone pole, never thought about the pole breaking off and hitting the car and killing me.........now I am in heaven and waiting to see an attorney so I can sue.. think my wait will be long?

[Ronzo]

Absolute garbage ... guess we'll have to sue people for putting up telephone poles that we drive into....

When I saw this I thought "now there is an idea!" so went out ran the ol Camry up to about 80 mph and hit the telephone pole, never thought about the pole breaking off and hitting the car and killing me.........now I am in heaven and waiting to see an attorney so I can sue.. think my wait will be long?

Infinitely.

[Zlim]

OH NO!!!! What Club was he using...someone please call that company because They didn't warn him that "if you suck, here are some Super Super GI shovels that just so happen to come with safety goggles, knee pads and a cup".