Man sues Mashburn over golf mishap

[BAMAPHIN 22]

A man who claims he was injured by an errant golf ball hit by former Miami Heat player Jamal Mashburn on a Miami Beach golf course in 2004 has sued the retired player for damages.

Jerome Crance was hospitalized on three separate occasions after the ball struck him in the eye, his lawyer Dennis Koltun said Tuesday.
The lawsuit was filed Monday in Miami-Dade Circuit Court and seeks an excess of $15,000 in damages.

Crance and Mashburn, who retired from the NBA after an injury last year, were both playing golf at the upscale LaGorce Country Club in March 2005. Crance was teeing off on the 17th hole when Mashburn hit a shot off the 18th hole that struck him in the eye, the lawsuit said.

Mashburn didn't yell "fore" when he hit the stray ball and failed "to give any warning whatsoever," the lawsuit said.

Koltun said his client suffered serious injuries after the incident.
"He's permanently lost vision in one eye because of a detached retina," Koltun said.

http://sportsillustrated.cnn.com/2006/basketball/nba/07/25/mashburn.sued.ap/index.html

 

[Rocky Raccoon]

welcome to America

I didn't know yelling "fore" was mandatory

If you are on a golf course with other people, you should keep an eye out.

yes, pun intended.

 

[finswin56]

welcome to America

I didn't know yelling "fore" was mandatory

If you are on a golf course with other people, you should keep an eye out.

yes, pun intended.

I don't know for certain, but I believe Mashburn will probably be held liable for not giving the customary warning of fore. It is not possible to always be looking out for stray golf balls, especially if the wounded golfer is not in an area of immediate danger.

 

[Dolphin1184]

welcome to America

I didn't know yelling "fore" was mandatory

If you are on a golf course with other people, you should keep an eye out.

yes, pun intended.

Being a regular golfer, that is not possible AT ALL. You are concentrating on your own group, your own game. It is not only good etiquette but is expected for a group to yell 'fore' if a ball is going a group's way, especially if it is a wayward tee shot to another hole, as in this case. Anyway, even if you did "keep an eye" for balls there is no way that you will see the ball until it's too late. And your last concern being in a different hole is the group in the other hole. You have to play the game to understand.

 

[Kdawg954]

I"m just laughing because this guy was way on the 17th tee and masburn was on the 18th hole . . Mashburn must really suck at golf lol.

I'm not a regular golfer, but I golf every other month, and I agree its impossible to worry about looking out for balls, you are in tune to your game and your group . . and it is customary and pretty much standard to yell "fore" when hitting a wild shot thats heading towards a person or group of people. However it is not mandatory and I believe the case will be thrown out . . he may have better luck trying to sue the golf course, tho I don't think that will help either . . just real tuff luck.

 

[Roman529]

Mashburn is clearly not Tiger Woods. I think when you play golf you basically have to take the same precautions you do when sitting at a baseball game.

 

[Alex44]

I dont know if he should get in trouble for it, but If I were him id feel like **** and help the guy out some.....

 

[Dolphin1184]

Mashburn is clearly not Tiger Woods. I think when you play golf you basically have to take the same precautions you do when sitting at a baseball game.

Thats not an excuse. Each player is responsible for where his or her ball goes. And sitting at a baseball game is not the same as playing in the same course as someone else. There aren't any precautions you can do. There is no way in knowing if a player's ball is coming your way unless he yells fore. Mashburn should have yelled fore. Whether it merits a lawsuit or not is another question.

 

[finswin56]

Thats not an excuse. Each player is responsible for where his or her ball goes. And sitting at a baseball game is not the same as playing in the same course as someone else. There aren't any precautions you can do. There is no way in knowing if a player's ball is coming your way unless he yells fore. Mashburn should have yelled fore. Whether it merits a lawsuit or not is another question.

I completely agree with the bold portion. But, there has been a precedent set (I believe in Ca.) that implies golfers are not actually responsible for where their ball goes.
They ARE expected to act in a manner consistent with the game of golf. In other words, golfers are expected to TRY to hit the ball in the proper direction, and be as accurate as possible. There was a case that set this precedent several years ago when a golfer was sued for damage done to a house his ball struck. The judge ruled that the homeowner purchased a home on a golf course, and the golfer to had done nothing intentionally wrong. He was trying to hit the ball down the fairway (or at the green, it's been a while and the details are fuzzy), but he sliced it and the ball damaged someone's house.

This case is very different. Although the man filing suit should know inaccurate shots happen (as the homeowner knows), there is no reasonable way to expect a golfer to be aware of wayward shots. There could be up to 144 golfers, sometimes more, on a golf course at any given time. It isn't just customary to yell "fore!" when you hit a shot in someone else's direction, it's downright expected. I wouldn't be surprised if Mashburn was found guilty of a reckless act, or something like that (IDK what the actual legal term would be).

 

[Dolphin1184]

I completely agree with the bold portion. But, there has been a precedent set (I believe in Ca.) that implies golfers are not actually responsible for where their ball goes.
They ARE expected to act in a manner consistent with the game of golf. In other words, golfers are expected to TRY to hit the ball in the proper direction, and be as accurate as possible. There was a case that set this precedent several years ago when a golfer was sued for damage done to a house his ball struck. The judge ruled that the homeowner purchased a home on a golf course, and the golfer to had done nothing intentionally wrong. He was trying to hit the ball down the fairway (or at the green, it's been a while and the details are fuzzy), but he sliced it and the ball damaged someone's house.

This case is very different. Although the man filing suit should know inaccurate shots happen (as the homeowner knows), there is no reasonable way to expect a golfer to be aware of wayward shots. There could be up to 144 golfers, sometimes more, on a golf course at any given time. It isn't just customary to yell "fore!" when you hit a shot in someone else's direction, it's downright expected. I wouldn't be surprised if Mashburn was found guilty of a reckless act, or something like that (IDK what the actual legal term would be).

I agree wholeheartedly. Mistakes happen in this game. Hell I am a lefty and when I slice it in my home course (Miccosukee) the ball will go into the street. I have actually hit cars before. It would be a disaster if a person is legally responsible for something that you can barely control (especially if you are hitting a driver). To the least, I try to hide in my foursome when that happens. :D
However etiquette is so important to this game. He should have yelled fore. People do it all the time and I always wave back a thanks. **** happens, all I ask is just to show proper etiquette when it does happen.

 

[finswin56]

I agree wholeheartedly. Mistakes happen in this game. Hell I am a lefty and when I slice it in my home course (Miccosukee) the ball will go into the street. I have actually hit cars before. It would be a disaster if a person is legally responsible for something that you can barely control (especially if you are hitting a driver). To the least, I try to hide in my foursome when that happens. :D
However etiquette is so important to this game. He should have yelled fore. People do it all the time and I always wave back a thanks. **** happens, all I ask is just to show proper etiquette when it does happen.

Exactly. Let me know if you're ever in Florida. I live at the World Golf Village (where the Golf Hall of Fame is located). We'll tee it up!