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.

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!

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.

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.

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...

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

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

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.

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

It would be YouTube gold!

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

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.

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.

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!

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

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

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.

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.

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.

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

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.

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!

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.

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!!

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.

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

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.

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".