By: Rob Harris
The New York Post has reported on a lawsuit brought by a golfer who, after she and her playing partner were paired with another twosome, was struck in the face by a club that was launched by one of her playing companions. The incident, at New York’s Dunwoodie Golf Course, apparently occurred when the offending golfer expressed disappointment at one of his shots with a one-handed swing of frustration, with the club slipping out and striking the plaintiff, resulting in facial injuries.
The court complaint, encompassing the thoroughness that lawyers muster with enthusiasm, alleges as follows:
“That among other things, the defendant was careless, reckless and negligent in failing to exercise due care on the premises; in failing to follow and comply with the usual rules and safety precautions of golf; in failing to comply with, abide by, and heed the rules and safety precautions of the DUNWOODIE GOLF CLUB; in failing to have the requisite knowledge, skill, training, education, instruction, to play golf on a public golf course; in allowing and permitting plaintiff to be put in a position of harm and peril; in failing to heed and take notice the presence of plaintiff in the vicinity of defendant before swinging and/or otherwise releasing his golf club; in failing to warn plaintiff of his inability or intention not to follow the usual and customary rules of golf and/or safety precautions and; in failing to take steps so as to prevent his golf club from leaving his hands; in attempting to play golf one-handed; in failing to have the proper training, education or other instruction regarding the rules of golf and safety precautions at DUNWOODIE; in failing to properly control his golf club; in failing to warn other golfers including plaintiff, that he was releasing his club; in playing golf on a public course despite knowledge of his inability to comply with and/or follow the usual and customary rules and safety precautions of golf and of DUNWOODIE; in failing to follow the usual and customary rules and safety precautions of golf and at DUNWOODIE despite knowledge of the dangers, hazards to the health and safety of others it presented to members of the public, those playing golf, and more particularly those playing golf with him, including plaintiff TOUHEY; in allowing and permitting his golf club to be released, thrown, let go off or otherwise be launched into the air in close proximity to plaintiff herein; in failing to have the proper supervision of his golf game; playing golf without proper and/or adequate control; in failing to exercise that degree of care, caution and/or supervision so as to prevent the golf club to be released from, thrown from or otherwise launched into the air; in playing golf despite defendant’s actual and/or constructive knowledge that he did not have the requisite skill, knowledge, training, education to play golf on a public golf course; in failing to control and/or retain possession of the golf club while swinging it; and defendant was otherwise careless, reckless and negligent.”