The Virginian-Pilot
©
VIRGINIA BEACH
A woman who was felled by a ball while watching her boyfriend play golf in the summer of 2006 is suing the Owl's Creek Golf Course for $1 million.
Crystal Timpanaro of Emerson, N.J., was hit in the left temple and eye by a stray golf ball and seriously injured, according to the lawsuit filed in federal court in December.
Timpanaro was sitting in a golf cart near the 16th tee on Aug. 24, 2006, when a golfer at the 17th hole shanked a drive that hit her, the lawsuit said.
In the suit, Timpanaro blamed the golf course owners and claimed that the 16th and 17th holes are poorly designed. The lawsuit also claims that Owl's Creek should have warned golf spectators about the hazards of the sport.
"There's a defect in the way the course is laid out and maintained," said Haig Kalbian, a Washington -based lawyer who is representing Timpanaro. "But for that, she may not have been hit by an errant golf ball."
Kalbian acknowledged that spectators and players can expect stray golf balls on any course, but in this case, he argues the 16th and 17th holes are too close to each other and caused the injury.
"We think there are enough facts that would defeat any effort to dismiss this case," Kalbian said.
The suit did not detail the extent of Timpanaro's injuries but said that she continues to suffer.
Owl's Creek, located between Oceana Naval Air Station and the Oceanfront, is a semi-private course nicknamed "The Little Monster," according to its Web site.
Nina Troyer, a bookkeeper for the course whose husband manages Owl's Creek and five other courses for Hampton Roads Golf Clubs, declined to comment about the suit.
"I am aware of the incident, but it is our practice to let our insurance company handle this," Troyer said.
She referred all questions to Hank Kellam with Towne Insurance.
When contacted, Kellam said he doesn't handle the golf course's claims and declined to say who does.
Injuries and property damage from errant golf balls have prompted lawsuits across the country, according to news reports.
Last year, a Chicago woman sued a golf course and golfer after she was struck in the head by a golf ball. An Oregon Court of Appeals ruled last year that golf courses could be sued for damage to adjacent property from errant golf balls.
Deirdre Fernandes, (757) 222-5121, deirdre.fernandes@pilotonline.com
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Too Much Time on Your Hands???
I want to congratulate all of you for showing America how you have way too much time on your hands. I could only imagine what you all would do if you were in her position. Let’s keep in mind one thing, this didn’t happen to you. So what would the price tag be on your eye sight? What would you expect someone to pay for tampering with your child’s perfect health?
The golf course should be held liable for their negligence. The golf course insures the safety of their staff members, so they should be held liable for the safety of the player and spectators.
Huh?
How the heck did Lowell "The Hammer" Stanley miss this?
Huh?
I agree this idiotic. However, how did the democrats and ACLU come into the picture? Somebody is more likely to sue based on political affiliation? Baseless nonsense. Which party controlled the house and senate when lawyers were allowed to start advertising like other business'? I think if you look you will find lawyers on both sides of the aisle willing to settle with your insurance company although you have done no wrong. The ACLU does not represent people in this type of case.
She would probably sue NASCAR
She is probably a democrat and blames everyone for the resulting injury she encountered. I bet she lacks the brain power also that would prevent her from suing NASCAR if she attended an event a caught a cold. sniffle sniffle sniffle - wipe a tear - Give me a break lady - you freely went to the course and never thought that people do get injured on the golf course. As stated earlier - no personal responsibility.
Flying Golf Ball Strikes KnuckleHead
Too bad that when these Clowns and their KnuckleHead lawyers lose these cases they don't have to pay for All Legal Fees incured by the defendants. Also they should have to pay for the wasted time of judges, clerks, deputys, ect., ect.
Carefull, it's dangerous out here in the real world.
If she was walking or driving down Birdneck Rd and a golf ball clocked her or her car and if it definately came from the course then she probably got a pretty good case to make some money. Anyone with an ounce of common sense would probably agree. However just like at baseball parks and other venues where there is a pretty good chance you could be injured by projectiles or human actions, and your lack of attention could increase your chances of getting hurt, I can't believe that there aren't such disclaimers on a golf course or the ticket you buy. If she got hit/hurt it's good to know she is still well enough to sue. How bad were the medical bills? lost time from work? proof of the expenses? and don't forget the lawyers cut. From the article she sure sound like a gold digger with an ACLU lawyer.
You can always tell the state of the economy
By the frivolous nature of lawsuits. The economy sucks file a lawsuit. There's a deep pocket somewhere that will pay. Let's hope the judge is a golf player and throws the broad and her belly crawling attorney out of the courthouse and fines them while he's at it.
Another case of "I can't win the lottery but I can sue"
Ok, so let me get this right, You're in an area where golf balls is known to fly at large. They sometimes hit trees, land in water,fly into near by streets with passing vehicles, and they sometime hit people, accidents do happen. The golf course owners need to have a waver for players and visitors releasing any wrong doing should they be hit by a club or golf ball and or injuried while on the course. Maybe the players can sign up for insurance also for their guess for a small fee and it's only good for the time they're on the course that day. If the guess refuse to sign a waver or sign up for the one day insurance they don't get on the course. The golf course companies has to do something to stop people like this lady from trying to get free money.
Would she?
I wonder if she would file a claim against a pro-golfer if she were watching, that hits a bad shot and hits a spectator?
She should sue her boyfriend
After all, he was the one responsible for taking her to the golf course and exposing her to such a dangerous and violent sport, played by people with no regard for another's health or well being, who use faulty equipment and hazardous transportation to circuit the course. What a wonderful boyfriend, eh?