By: Rob Harris
According to a published report, a West Virginia judge has thrown out a lawsuit brought against the Sugarwood Golf Club. The plaintiff in this lawsuit is–drum roll, please–an attorney.
Since I don’t have access to the actual opinion written by the judge, I can’t attest that the authors of the published report accurately characterized the attorney’s claims that were dismissed. It sure strikes me as odd that any plaintiff, especially one with a law license, would think there was merit to the allegations made.
As reported, plaintiff-attorney Victor Navy “was playing golf in a foursome at Sugarwood in Wayne County on Aug. 18, 2012, with [Bill L.] Abbott and two others. The foursome was on the 10th hole when the incident occurred.”
“’Three of the four golfers in the foursome had reached the green … Abbott being the lone member of the foursome who had not yet reached the green,’ the complaint stated. ‘Abbott was approximately 50 yards off the green … while the other three golfers in the foursome were on the putting surface.’
“Abbott instructed the other three golfers in the foursome to ‘putt out’ which the other three golfers understood to mean finish playing the hole, according to the suit.
“Navy claimed he putted the ball in and bent over to retrieve his ball from the cup.
“Navy ‘took two steps from the hole when another member of the foursome, who was standing beside plaintiff … shouted … ‘watch out!’
“Navy claimed he then was struck in the left eye by the ball Abbott had hit. He sustained severe and permanent injuries and has suffered severe emotional distress.”
OK, I get it. Attorney Navy got unforgivingly nailed by defendant Abbott who had no business hitting to the green after telling his golfing partners to play on.
But Attorney Navy didn’t stop with suing Abbott. He brought a claim against the golf course!
As reported, Navy claimed that the golf course, Sugarwood, “failed to warn the plaintiff of the dangers presented by patronizing the golf course and failed to warn and advise players as to the rules and regulations regarding players conduct and etiquette while playing at the golf course.”
Please, say it ain’t so, Attorney Navy. Please share with us what you expected Sugarwood Golf Course to do before you and defendant Abbott teed off? Warned you that your playing partner might fake you out? Warn you that you could be hit by an errant ball? Provide a required seminar on golf etiquette?
For this claimed liability by the golf course, according to the report, “Navy was seeking compensatory damages for pain, suffering, sorrow, mental anguish, solace, annoyance, aggravation, inconvenience, loss of usual pursuits, medical care, treatment, hospitalization, lost wages as well as past and future medical expenses; and punitive damages.”
P.S. As reported, “he was representing himself.” Figures.