Plaintiff Claims She Was Thrown From Golf Cart And Over A 15-Foot Cliff
On August 22, 2003, plaintiff Penina Meisels, a 56-year-old photographer and jeweler, was driving a golf cart from the men’s tee to the women’s tee at the 12th hole at San Geronimo Golf Course, in San Geronimo, when the left wheels of the golf cart left the paved path. The cart tilted and Meisels was thrown from the cabin, down a 15-foot cliff and into a ravine.Claiming injuries, Meisels sued the entities responsible for operating and maintaining the golf course, San Geronimo Golf Course; National Golf Properties, Inc.; National Golf Operating Partners and Evergreen Alliance Golf Limited, Dallas, for negligent maintenance of the golf cart paths.Plaintiff’s counsel argued that Meisels drove the golf cart to the left of the eight-foot wide path in order to allow for another cart, coming from the opposite direction, to pass. Counsel asserted that, once the left wheels of Meisel’s cart left the paved path, they were not supported because the shoulder of the path was not level with the rest of the path. Counsel argued the discrepancy, that Meisels was unable to see because the shoulder was camouflaged by leaves, caused the cart to tip and eject Meisels from the cabin. Counsel further maintained that, once she was ejected from the cart, Meisels fell through bushes that obscured a fifteen foot cliff that led into a ravine. Meisels ended up landing flat on her back on a boulder that was resting under water in the ravine.
Plaintiff’s counsel called golf course design expert, Gerald Pirkl, to testify that, without an appropriate barrier guarding golf cart drivers from the 15-foot drop into the ravine, an accident was bound to eventually occur at San Geronimo Golf Course.
Counsel for the defense contested plaintiffs counsel’s assertions by arguing that Meisels wasn’t paying attention to where she was driving the cart and that caused the accident. Furthermore, counsel maintained that there was no second golf cart that forced Meisels to drive the cart from the path.
Meisels was taken to the hospital where it was determined that she had separated her shoulder blade and misplaced a rib that had rotated out of her spine. Following surgery to repair the dislocated bones, Meisels still had to contend with residual pain in the affected areas. Consequently, plaintiff’s counsel argued that she would not be able to continue her work as a photographer or as a jeweler.
Plaintiff’s counsel sought to recover $202,168 for Meisels’ past medical bills, $256,651 for past lost earnings, $1,359,106 for future lost earnings and unspecified damages for past and future pain and suffering.
Counsel for the defense contended that Meisels did not have any past lost earnings because she had transitioned from a career as a photographer to a career as a jeweler, where she had yet to establish any steady income. Counsel further asserted that Meisels was able to work full time at the time of trial. Therefore, counsel suggested that Meisels was not entitled to any past or future lost earnings.
The jury found that San Geronimo Golf Course and Evergreen Alliance Golf Limited were jointly and severally liable for Meisels’ injuries and they awarded Meisels $4,317,925 in damages.