Golf-injury court case costs man $227,500
Last Updated: Saturday, November 14, 2009 | 8:46 PM AT
CBC News
A man who hit a golf ball straight at another player, injuring him, has been ordered by the Nova Scotia Court of Appeal to pay more than $225,000 in damages.
Plaintiff Alan Bezanson says he hasn't been able to work since he was injured on June 8, 2002.
The New Glasgow, N.S., man and the defendant, Travis Hayter, were golfing in a foursome that day as part of a wedding celebration for Bezanson's cousin.
By the time they reached the 16th hole, Hayter had consumed nine beers and a half pint of tequila, the court heard.
That's when he ran up to his ball and took a swing out of turn. Someone yelled, "Heads up, he's going to hit again."
But it was too late for Bezanson, who was standing no more than 20 metres away. Hayter hit what court documents refer to as a "so-called Happy Gilmore shot," named after a film character played by Adam Sandler.
According to court documents, Bezanson put up his hand to protect himself and the ball hit his left wrist, causing permanent damage to his radial nerve.
Bezanson, a woodcutter, has been unable to work without pain.
When the case originally went to court, a judge awarded $227,500 to Bezanson, a father of three.
Hayter appealed, saying it wasn't the first Happy Gilmore-style shot he had taken that day and Bezanson should have known what was coming.
Earlier in the week, the Court of Appeal dismissed that argument, upholding the earlier court's ruling that Hayter's behaviour was not a "natural risk" of golfing.
Hayter was ordered to pay Bezanson $85,000 in damages, $67,500 in lost income and $75,000 for lost future earning capacity.
