Quote:
Originally Posted by Papa_lecki
So, you admitted liability. How will you feel when you get a letter from Morgan and Morgan explaining you’re a defendant for a lawsuit.
I’ve done the “right thing a few times” and regretted it in the long term.
Don’t think it could happen?
“A Massachusetts jury awarded Erik and Athina Tenczar $4.93 million last December, concluding that Indian Pond Country Club was at fault for not protecting the Tenczar’s home from a constant barrage of shots coming from the club’s 15th hole.”
And if you don’t think the country club wouldn’t pass liability off to the golfer….
“The balls began pelting his house and landing in his yard within weeks after he moved in, in early 1989. In May of last year, one broke a second-floor bedroom window. He later won a small claims court judgment against the club for $106.54 to cover his costs in replacing the window and filing the lawsuit. But the club, which says golfers are responsible for their own shots, has appealed.”
Yes, there’s precedent that golfer isn’t liable, but you still need to defend yourself to prove it - you know some lawyer will take the case.
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I HATE it when posters completely fail to tell the correct story. i used
your quote to find the story and....
The verdict was overturned on appeal and what everyone here is saying applied.
Quote:
However the Massachusetts Supreme Judicial Court earlier this week said the original verdict has been vacated due to a “clear error” from the previous judge. The error prevented the jury from answering a critical question in the case, according to justice Scott Kafker: Whether the country club’s 15th tee boxes and fairway were reasonably operated.
“Errant golf balls are to golf what foul balls and errors are to baseball. They are a natural part of the game,” Kafker wrote. “They demonstrate the difficulty and challenge of the sport even for the very best players. Despite practice, instruction, technological improvements, and even good golf course design and operation—disputed in the instant case—golf shots go awry, as a matter of course.”
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Not sure if matter of "course" was meant as a pun