Weekly Edition

Woman’s suit against golf course hits the rough

Crystal Timpanaro found out the hard way that it is difficult to prevail in a negligence suit against a golf course in Virginia. Two years ago Timpanaro was struck in the face by a ball hit by a golfer as she watched her boyfriend play golf at the Owl’s Creek Golf Course in Virginia Beach.

Her lawyers sued the owners of the golf course, alleging negligent design and seeking $1 million. Timpanaro was hurt on the 16th hole by a ball hit from the 17th hole. The holes were too close together, the lawsuit claimed. Since Timpanaro is from Emerson, N.J., she filed in Norfolk federal court.

The golf course countered that Timpanaro assumed any risk of injury when she came on the premises.

The suit went to trial last month before U.S. Judge Henry Coke Morgan Jr.

On June 20, after three days of a trial that included repeated requests that the judge grant a jury view of the golf course, the jury returned its verdict – a defense victory.

It’s probably little comfort to Timpanaro that at least her lawyers gave the jury something to argue over: After four and a half hours of deliberations, the judge had to read the Allen charge given to juries that advise a judge they cannot reach a verdict. The charge asked the jury to go back and try again.

Sports lawsuits

Lawsuits based on injuries at sporting events have not been uncommon in Virginia, but victories are few.
In 2003, the Supreme Court of Virginia handed down a decision that will no doubt be cited in every defense argument made: It found that a woman hit by a foul ball at a minor league baseball game assumed the risk of an injury. In Thurmond v. Prince William Professional Baseball Club Inc., 264 Va. 59 (VLW 003-6-003), the court heard the appeal of a woman struck in the face by a foul ball at a Prince William Cannons game. The court affirmed the trial judge’s call that the club was entitled to summary judgment.

Cases specifically involving golf courses have cropped up over the years in the commonwealth. A quick survey of the Virginia Lawyers Weekly online Archives shows at least a half-dozen golf-course cases have been reported in the last 15 years. There have been several settlements – one very large one – but otherwise the defendant golf course has prevailed:

HIDDEN SPRINKLER HOLE. Leftwich v. Century Golf Partners Management, LP (Penderbrook Golf Club), settled before filing (2007). A golfer stepped onto an unsecured sprinkler cover that was hidden by leaves. It gave way, and the man ruptured his Achilles tendon when his foot went into the hole. The claim settled for $50,000.

MINI-GOLF INJURY. Harding v. Worldwide Golf, Inc. & Worldwide Golf Associates, Virginia Beach Circuit Court (2002) A man injured his arm and leg at a miniature golf course called “Jurassic Putt” at the Outer Banks. He alleged a “deceptive appearance defect.” Although the case was tried in Virginia, North Carolina law applied. The trial judge handed the defense a victory when he struck the plaintiff’s evidence.

ROBBERY CLAIM. Dudas v. Glenwood Golf Club Inc., Supreme Court of Virginia (2001). A golfer was robbed and shot on the unlucky 13th hole of a Richmond-area public golf course. He brought suit against the owners, claiming the course had a duty to protect him because it knew of two previous robberies. The trial judge had granted summary judgment, which the Supreme Court affirmed.

STRUCK BY AN ERRANT BALL. Tobin v. Benchmark Hospitality Inc. and VMS/Lansdowne Limited Partnership, et al., U.S. District Court in Alexandria (2000). This case, resulting in a $7.5 million settlement, was the most significant plaintiff’s recovery for a golf-related injury. The plaintiff was attending a golf outing in Leesburg when he was struck by a ball at the junction of his neck and shoulder. The ball was hit from a nearby driving range. He continued to play; several weeks later he suffered a massive stroke caused by the injury. He was a 42-year-old General Electric executive who was left unemployable and confined to a wheelchair.

GOLF CART INJURY. Watts v. Virginia Hot Springs Inc., U.S. District Court in Roanoke (1993). The plaintiff was severely injured when his golf cart went out of control while on the rain-wet golf course at The Homestead. The judge granted summary judgment after finding the plaintiff chose to drive his cart through the rough, which was wet.

TREE FALLING DURING RAINSTORM. John Doe v. Roe Inc., settled before filing (1993). The estate of a golfer killed when a dead and rotten tree fell over on him during a storm settled its claim against a Cheverly, Md., golf course for $600,000. The tree, which was hollow inside, was located very near the cart path where golfers walked and drove their carts while playing.

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