jason
01-07-2008, 11:03 AM
Woman struck by golf ball files suit, alleging design flaw in Beach course
Posted to: News
By Deirdre Fernandes
The Virginian-Pilot
© January 5, 2008
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
LINK (http://hamptonroads.com/2008/01/woman-struck-golf-ball-files-suit,-alleging-design-flaw-beach-course)
:rolleyes: :rolleyes: :rolleyes: :rolleyes:
Posted to: News
By Deirdre Fernandes
The Virginian-Pilot
© January 5, 2008
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
LINK (http://hamptonroads.com/2008/01/woman-struck-golf-ball-files-suit,-alleging-design-flaw-beach-course)
:rolleyes: :rolleyes: :rolleyes: :rolleyes: