A 43-year-old man and his girlfriend were playing golf at a public golf course in Ohio. They were on the 2nd hole that runs parallel to the 1st hole but in the opposite direction. The plaintiff parked the golf cart near the green and was struck in the head by a golf ball hit from the 1st tee. The ball struck him above the temple causing serious injury. His girlfriend tried to give him aid as she screamed for help. The foursome at the 1st tee did not help or even stop. The girlfriend then drove the injured victim to the clubhouse where an ambulance was called and the injured man was taken to the hospital.
Expert witness and golf course architect Michael S. Johnstone, AIA, demonstrated the use of a “safety cone” to explain that a significant percentage of errant shots would land in that very location. Further investigation revealed the accident was foreseeable and preventable. Poor routing of the golf cart path put players at high risk from tee shots from the 1st hole when standing on or near the 2nd green. In addition, the two parallel holes were only 186 feet apart creating a danger of hitting into oncoming players. Furthermore, a tree line intended as a safety buffer obscured the view, exacerbating the danger and preventing verbal warning of errant shots.
