In January 2000, plaintiff Gaylon Jones, a contract negotiator in his 30s, was playing golf at Westchase Golf and Country Club. He was hitting balls at the range when his ball struck a granite marking used to separate each golfer, and tell them where they should tee each ball. The ball struck the marking, ricocheted back and struck Jones in the eye.
Jones sued Westchase for premises liability.
Plaintiff’s counsel presented the testimony of a golf course expert who said that ropes should have been used instead of the granite marking. Granite is risky and could cause an injury. A starter on the golf course also stated that he told his supervisor that the granite markings posed a hazard.
Defense counsel did not present an expert as the case settled prior to deposition of theexpert. Defense counsel argued that granite markings are commonly used and a ricochet is an assumed risk of golf play.
Jones lost his right eye. In an effort to save his eye, he underwent multiple procedures over a one-year period. One of the methods involved him lying on his stomach for long periods so that pressure would be relieved from his eye.
Jones was also diagnosed with cancer of the esophagus. Plaintiff’s counsel believed that based on Jones predisposition for cancer, the stress of the incident and the extensive time lying on his stomach, all added to his cancer diagnosis. Jones is currently in remission.
The parties reached a $1 million settlement.