macnoke03 Posted July 26, 2006 Share Posted July 26, 2006 Here's the link: http://sportsillustrated.cnn.com/2006/basketball/nba/07/25/mashburn.sued.ap/index.html?cnn=yes I wonder if the injured guy will actually be awarded any damages Link to comment Share on other sites More sharing options...
fight_on_til_you_have_won Posted July 26, 2006 Share Posted July 26, 2006 Normally, I would roll my eyes at this, but a detached retina is a serious injury, and at $15,000, he's not trying to milk him either. And come on, if you're at the 18th hole and you hit a guy teeing off on the 17th hole, you're not doing so hot. I hope the guy wins his case. Link to comment Share on other sites More sharing options...
macnoke03 Posted July 26, 2006 Author Share Posted July 26, 2006 Normally, I would roll my eyes at this, but a detached retina is a serious injury, and at $15,000, he's not trying to milk him either. And come on, if you're at the 18th hole and you hit a guy teeing off on the 17th hole, you're not doing so hot. I hope the guy wins his case. That was my thought about the money as well...if he is seriously blind in that eye now, $15k is quite the bargain I think for Mashburn. Link to comment Share on other sites More sharing options...
cjcdaman Posted July 26, 2006 Share Posted July 26, 2006 Normally, I would roll my eyes at this, but a detached retina is a serious injury, and at $15,000, he's not trying to milk him either. And come on, if you're at the 18th hole and you hit a guy teeing off on the 17th hole, you're not doing so hot. I hope the guy wins his case. White men can't jump/Black men can't golf. :laugh: J/K I think the reason that the guy has a case against JMash is because there was no warning whatsoever that the ball was headed in his direction. The only problem will be, depending on if this will be a judge or jury case, making it convincing enough to warrant a monetary gain. Link to comment Share on other sites More sharing options...
Monte51Coleman Posted July 26, 2006 Share Posted July 26, 2006 At least he took the shot. (Heat fans will understand.) Link to comment Share on other sites More sharing options...
E-Dog Night Posted July 26, 2006 Share Posted July 26, 2006 This is an interesting situation. One the one hand, people assume a certain level of risk when they buy a greens fee for any golf course, just as fans who buy a ticket to a baseball game assume the risk of getting hit by foul balls. However, if the golfer did not yell fore or give any warning, they might be liable. In any case, it is just terrible - make that unexcusable - etiquette to not yell fore if your shot have even the slightest chance to land anywhere near another golfer. Even if you don't know if someone is near your where your ball looks like it might land, yell fore to be on the safe side. And come on, if you're at the 18th hole and you hit a guy teeing off on the 17th hole, you're not doing so hot. That doesn't matter. Bad golf shots happen, even to the pros. I've seen Tiger put his tee shot into another fairway. That's the type of risk you assume when you play a round of golf - you might get hit by a ball, and it could come from anywhere. But you've got to yell fore if you hit an errant shot that could potentially put another golfer at risk. You've just got to, and there's no ifs, ands or buts about it. Link to comment Share on other sites More sharing options...
LegionOfDoom Posted July 26, 2006 Share Posted July 26, 2006 If thieves can sue and when getting injured breaking into a house....this guy should not have a problem getting paid. Link to comment Share on other sites More sharing options...
cjcdaman Posted July 26, 2006 Share Posted July 26, 2006 But you've got to yell fore if you hit an errant shot that could potentially put another golfer at risk. You've just got to, and there's no ifs, ands or buts about it. Very true. When my game is off, I usually yell a pre-emptive "FORE!" Link to comment Share on other sites More sharing options...
Jizmaglobin Posted July 26, 2006 Share Posted July 26, 2006 should the case be brought against the course/club they were playing at?seems to me they would be the ones liable for the safety of thier patrons.in any event,$15k is something that should already be paid to make this thing go away before it gets really expensive to the liable party. Link to comment Share on other sites More sharing options...
twenty-eight Posted July 26, 2006 Share Posted July 26, 2006 I think MonsterMash can afford it Link to comment Share on other sites More sharing options...
E-Dog Night Posted July 26, 2006 Share Posted July 26, 2006 should the case be brought against the course/club they were playing at?seems to me they would be the ones liable for the safety of thier patrons. No. A totally safe environment cannot be created at a golf course. Unless the was gross negligence in the design of the course - i.e. the tee box is separated by about 5 feet from the 18th green with no trees in between - then maybe. But you never see that, certainly not in a Jack Nicklaus designed course. The course opened in 1995, which means that insurance agents scoured it for risk potential, and gave it the ok. So there's no way the course is liable. *** EDIT *** The course was redesigned by Nicklaus from '93-'95, not originally built by him. I can't find a diagram of the course online. I'd really like to know how close the 17th tee is to the 18th green. Link to comment Share on other sites More sharing options...
E-Dog Night Posted July 26, 2006 Share Posted July 26, 2006 Ok, here's a photo of the 18th hole. As you can see, the 17th tee is not in sight. From what I could tell from looking at #17, the tee is on the other side of that pond. So there's plenty of distance between green and tee. Definitely safe. No way the course is liable. Link to comment Share on other sites More sharing options...
macnoke03 Posted July 26, 2006 Author Share Posted July 26, 2006 White men can't jump/Black men can't golf. :laugh: J/K I think the reason that the guy has a case against JMash is because there was no warning whatsoever that the ball was headed in his direction. The only problem will be, depending on if this will be a judge or jury case, making it convincing enough to warrant a monetary gain. true, i mean it would probably be hard to prove whether or not Mashburn yelled "fore" or not...it's a he said/he said type of deal. It seems to me that this should be settled out of court. Link to comment Share on other sites More sharing options...
81+83+84=Posse Posted July 26, 2006 Share Posted July 26, 2006 I'm not sure about the not yelling "fore" thing but it has been proven in court before that a golfer is not responsible for damages made by his shot based on the fact that even a professional golfer can not be sure where he will hit his ball 100% of the time. Link to comment Share on other sites More sharing options...
GSF Posted July 27, 2006 Share Posted July 27, 2006 If Mashburn could see the guy was in danger of getting hit, and didn't yell fore, he should pay the medical expenses. I'm not sure how the law will see it though. I'm surprised the guy that got hit isn't suing for more. Link to comment Share on other sites More sharing options...
MSJHWT Posted July 27, 2006 Share Posted July 27, 2006 Normally, I would roll my eyes at this, but a detached retina is a serious injury, and at $15,000, he's not trying to milk him either. And come on, if you're at the 18th hole and you hit a guy teeing off on the 17th hole, you're not doing so hot. I hope the guy wins his case. The lawsuit was filed Monday in Miami-Dade Circuit Court and seeks an excess of $15,000 in damages. He's definetly suing for more than $15k.... Link to comment Share on other sites More sharing options...
BadKarma Posted July 27, 2006 Share Posted July 27, 2006 Most golf courses have signs that release the legality from the club and infer that if you shank a ball and injure someone, it is your responsibility. That being said I am sure Mashburn will settle with this guy for at least $100k. Probably will be the last time he plays golf also. Link to comment Share on other sites More sharing options...
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