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.
Share Tools
Latest Nova Scotia News Headlines
- Power mainly restored in Maritimes after storm
- Thousands of Maritimers lost their power Sunday after high winds, snow, and freezing rain caused widespread outages across the region overnight Saturday. more »
- Tories want to win more Halifax seats
- Improving Tory fortunes in Halifax was on the minds of Nova Scotia Progressive Conservatives Sunday as they had a chance to quiz their leader about how he'll win some more seats in the vote-rich provincial capital. more »
- Magdalen Islands residents left without power
- More than half of the residents of the Magdalen Islands are without electricity after a powerful winter storm. more »
- RCMP search house in missing Dartmouth woman's case
- RCMP wrapped up their investigation of a property in Centre Rawdon, N.S., just past 4 p.m. Saturday, in connection with the case of a Dartmouth woman who has been missing since November. more »
Top News Headlines
- Greece passes new austerity deal amid rioting
- Greek lawmakers have approved harsh new austerity measures demanded by bailout creditors to save the debt-crippled nation from bankruptcy, after riots in Athens and other cities left stores looted and burned and more than 120 people hurt. more »
- Quebec town 'heartbroken' after killing of woman, sisters
- A small Quebec town is in mourning Sunday after a Quebec man was charged with killing his nieces and his mother, who were found dead in their family home. more »
- Houston autopsy results withheld by police
- Whitney Houston was found in a hotel bathtub but it'll take weeks to determine precisely how she died, a Los Angeles coroner's official says. more »
- Musicians who died before their time
- The growing list of musicians who have died young. more »
- Power mainly restored in Maritimes after storm
- Metro Transit workers rally in Grand Parade
- Tories want to win more Halifax seats
- Magdalen Islands residents left without power
- Dalhousie faculty prepare for strike vote
- Barrington RCMP find missing woman's body
- RCMP search house in missing Dartmouth woman's case
- East Coast braces for severe weather
- Moncton seniors denied their pets

