| T.R | Title | User | Personal
Name | Date | Lines |
|---|
| 125.1 | Good Luck | ODIXIE::WESTCL | Gator Golfer | Sat Jul 04 1987 03:01 | 14 |
| WOW!!! It sounds like you may need legal counsel. However, my
first inclination would be to contact the course management where
you were playing and ask if they were aware of the incident, and
the fact that you were being sued. Then make sure that they understand
that if the suit isn't withdrawn, that you will personally see to
it that every golfer in that part of the world finds out what happened
and more importantly, where it happened.
Good Luck (and let us know what happens).
This brings to mind something I have been considering. My insurance
agent is pushing a $1M umbrella policy to cover just such unusual
things as this. It will cost about $140 per year. May just go
ahead and do it now.
|
| 125.2 | Allready, I'll never go there!!! | HEFTY::WELLSPEAK | It's a Boy | Mon Jul 06 1987 17:10 | 10 |
| .1 makes a good point. Contact the course/resort management
first. The guy who's sueing you may just be looking for an out
of court settlement, by scaring you. I really don't know. But
I've seen many people, some who work their, some who were just playing
there, get hit on many different courses, and I've never heard of
anyone being sued for it. I would think, that unless the course,
openly and publicly stated and made know the fact that you're
responsible for these type of incidents, that it is the course that
takes all responsibility for it.
Beak
|
| 125.3 | Almost forgot, so I won't go there | HEFTY::WELLSPEAK | It's a Boy | Mon Jul 06 1987 17:13 | 3 |
| What is the name of this course, and in what city is it in???
Beak
|
| 125.4 | | VINO::RASPUZZI | Michael Raspuzzi | Mon Jul 06 1987 19:37 | 13 |
| I used to work at a Country Club and I can only remember one of
my co-workers getting hit (in the ankle). He didn't sue and I think
working at a course has some occupational hazards (flying golf balls).
I always mowed the tees and greens and ran the irrigation system
so I never got into a bad situation (greens are mowed at 6am where
I was and people were not allowed out until around 7).
Kind of on the same subject; Golf Digest recently had an article
in about weird situations involving law suits. It was in one of
the last 3 issues (I can't remember which one). I don't know if
they had a case involving an employee and a golfer.
Mike
|
| 125.5 | | CALLME::MR_TOPAZ | | Wed Jul 08 1987 18:03 | 17 |
| The worker who was hit might be a greedhead, or he might have a
legitimate claim. (Or it might be a combination of the two.) It seems
to me to be grotesquely unfair for people here to try to jeopardize
his job because he is pursuing his legal recourse. Trying to get his
employer (the golf course) to pressure him to drop the suit might be
effective, but it is simply dirty pool. Shame on you all for
suggesting it.
As for the legalities of it, the author of .0 probably ought to see a
lawyer (solicitor?). There are clearly lots of possibilities -- for
one thing, you may have insurance that covers this sort of thing. (In
the States, many homeowners' policies would cover it, and your
insurance company would deal with the fellow who was hit and his
lawyer.) In any event, knowledgable legal advice would seem to be
what you need.
--Mr Topaz
|
| 125.6 | Not dirty pool? | BEES::SCHLIESMANN | Barry Schliesmann | Wed Jul 08 1987 18:46 | 15 |
| > Trying to get his
> employer (the golf course) to pressure him to drop the suit might be
> effective, but it is simply dirty pool. Shame on you all for
> suggesting it.
Gee, I didn't think those people were suggesting anything dirty.
My interpretation of those suggestions was that the authors felt
that the course should handle the suit and that the employee
was after the player unjustly. Verifying whether the course
management knew about the suit could result in them saying
"We have insurance for that, you shouldn't be sued." or they
may inform the player that "all employess have knowledge that
they work on the course at their own risk." I'm not sure what
they policy is, but getting in touch with course management is
a good place to start.
|
| 125.7 | | HEFTY::WELLSPEAK | It's a Boy | Wed Jul 08 1987 20:27 | 16 |
| RE. Mr. Topaz
Mr. Topaz, what do you think the 1st thing a lawyer would do,
confronted with this type of situation? Please answer. I'll tell
you what I think he would do. He would get the facts from his client,
contact the person bringing the suit or his/her legal council, and
then contact the course or course management, where the accident
took place, and find out what their policies and procedures are
concerning this type of situation. Now all this would take place
at the cost of the person being sued. Where as, if the person being
sued, did the preliminary info gathering, he may find out there's
no reason to get legal council at all, therefore saving himself
a good deal of money. I certainly can't afford to waste money by
having someone else do, what is just as easy for me to do.
Beak
|
| 125.8 | | CALLME::MR_TOPAZ | | Fri Jul 10 1987 05:17 | 15 |
| re .7:
What do I think a lawyer would do? I'd pay the money to find out.
If someone is suing me for a lot of money, a screw-up on my part could
cost me plenty -- maybe even my golf sticks. I want to know from the
start exactly what my risks and options are, and I'd want to get the
information from someone who knows the rules of the game. In most
(civil) cases in the States, most lawyers will give you an initial
consultation either for free or no more than $25.
I don't especially like lawyers; then again, I don't especially like
dentists, either, but I see them, too, when it's appropriate.
--Mr Topaz
|
| 125.9 | check this out | SNOV24::BARNIER | | Fri Jul 10 1987 10:35 | 25 |
| Tell this guy he was lucky. Yesterday during a late afternoon
round I found a middle aged man on his back drowning in his own
blood left to die. After some time it was apparent he had been
bashed and belted with golf clubs. If we (my partner and I) hadn't
passed this tea at the time he would surely haved drowned as he
was less than semi concious.
It certainly left a bad taste in my mouth as the assailants
were young school children all with there own clubs (regular golfers)
this reflects on all other golf patrons. I will surely follow this
up as seeing this man was like a horror story. The police have been
notified and have enough clues to find these whimps.
As a side line my adrenelin was so pumped up when I finally
had a chance to finish 3 holes before finishing that my next tee
shot with a three wood went 300 meters at least, no lie. Maybe I'll
just remember this guys face on each tee.
just won't forget this one.
lb
|
| 125.10 | "Lawsuit happy society". | SRFSUP::MARSHALL | | Fri Jul 10 1987 23:54 | 22 |
| RE .5 "Mr" Topaz
I think that its just this kind of thinking that got us to where
we are today in our society. "Lawsuit" happy! No one said anything about
medical bills, lost wages, or anything resembling that. I am a golfer
also, and I know that I am aware of possible lawsuits, I have a
'blanket' liability coverage on my homeowners policy that covers
me wherever I am. Its sad that someone can sue over anything they
want.
What do you think would have happened if 'our' golfer would have
been informed by the golf course employee, that he had lost one
days wages and had doctors bill for 'x' dollars. I would guess that
he would do just what I would do, and thats, pay the doctors bill,
pay the 1 days wages, apologize again - and forget it. I don't think
there is any doubt that he is, in your words a 'greedhead'. His
first thought was to get a lawyer and file a lawsuit to get all
he could get.
set/flame=off
Tom
|
| 125.11 | Fight back hard | ADVAX::CLOSE | | Wed Jul 15 1987 00:48 | 26 |
| Re: -1.
No, his (the victim's) first thought was to say that it wasn't the
golfer's fault. Apparently, after checking with a lawyer, his second
thought was to sue. Mr. Topaz aside, if someone sued me my first
reaction (and second, and third) would be to fight back with everything
I had. The guy who was hit never came to the writer of the base
note and said "You know, I spoke too soon. I have medical bills
and I've lost wages. I think you should help me out." He did not
try a rational, person to person approach. He sued, thus dragging
our fellow golfer into the festerin swamp that is the U.S. court
system. This fact alone will cost our golfer big bucks.
I can't believe that the course management knows about this, and
if they find out I believe they'll sit on the victim. But either
way, I think you should get a lawyer who can start churning out
nasty "lawyer's letters", threaten a countersuit for mental anguish,
demand the guy who got hit come in on his own time to give lengthy
depositions, etc. Tie him up.
I agree with Mr. Topaz that you'd prefer not to get nasty, and you'd
prefer not to go to court. But the golfer didn't start this; the
guy who sued did. Now the golfer has to fight back hard and nasty,
or risk being tied up in court for a long time.
DC
|
| 125.12 | WORKMAN's COMP | REALM::RIGGEN | | Tue Jul 21 1987 22:53 | 9 |
| I haven't heard anyone mention Workmans Comp. In Colorado as a employer
you are responsible to have insurance to cover all of your employees
under this plan in case of a on the job injury such as this or just
falling off a ladder. The person that was hit by the golfball should
be covered under this plan and if he has any problems such as the
tractor no being a safe device to operate on a golf course (no Cage)
it is up to the employer to be sued not the golfer that is using
the golf course as a guest. I know that workmans Comp covers lost
wages and medical bills but the Anguish ?
|
| 125.13 | lawyers are pure grief | USWAV3::FAGERBERG | | Tue Aug 11 1987 02:51 | 11 |
| All golf courses, as business entities, must carry liability insurance
for ANY accidenton the course, or for anything eminating from the
course. Our course is currently having trouble from home-owners
next to our fifth tee (any hook at all and its in thier yard).
Contacting the course management should be done right away so they
can notify thier insurance company. Secondly, the tactic usually
used by lawyers is, if you cannot afford to sue in anothers state
get the other party to counter-sue and acknowledge a suit. Until
any action is taken, e.g., a summons issued, don't acknowledge the
lawyer's letter, instead forward a copy to the course manager and
wait to hear from them.
|
| 125.14 | Never give up hope !!!! | TRFSV2::CHAPLIN | BLASTER, 30 sticks better than 10 | Sat Sep 19 1987 01:10 | 37 |
|
Hello there fellow golfers, I thought I would give you guy's
an update as to my situation. The reason I haven't responded earlier
is because I have been of a 3 month training binge and yesterday
was my first full day back. I have gone through all of the responces
and thank you all for your input.
I did get in touch with the company's laywer(s) and they were
quite helpfull, the first thing they told me was not to contact
the hotel or the worker at all !!! they would take care of everything.
The second thing that had me worried was my insurance agent, I had
phoned him and told him about my situation and he asked how much
personal/public liability I had. I looked and had 300,000 which
works out to about $2.50 American and he told me to start worrying.
It now sits at 1 million. There is a good side to all of this and
I found out not three hours ago that there would be no suit at all.
It seems that they would have to prove negligence on my part that
I tried to hit this guy intentionally.
After going through the whole story for the umteenth time I
was asked if I had been drinking on the course ? I said no, It was
true.... although I said everyday that we should take some coolies
on the course since it was hot when we were there, but we never
did. If you guy's are like me and take beer on the course and quaff
one every couple of holes like I do when I am home, I surely would
have been half in the bag, since this accident happened on the 14th
hole.
Anyway, since I hadn'y been drinking and I shoot high 80's low
ninety's they could not prove that I was negligent. When the lawyer
phoned it was sort of ironic because I was looking through a golf
holidays book at the same place that this happened at. I then asked
if there could be any repercussions if I went back to the same place.
The lawyer said no soooooo...... to make a happy ending I booked
again for the same place, same time......
Regards, Blaster
|
| 125.15 | No Surprise | PNO::MORGAN | | Fri Jan 08 1988 14:25 | 15 |
|
One question... Are you sure you wanted to hit a 4 iron from 130,
in light rough?
Seriously, I used to work for a golf course and was hit twice.
Your case turned out pretty much as I expected.
Eugene in Phoenix
p.s. What did you get on that hole?
|