A family wins a $5M verdict from club after their property is hit by 600 Balls

[DGUtley]

A family wins a $5 million verdict from a country club after their property is hit by over 600 golf balls...

Full disclosure: I have defended 4 or 5 of these cases over the 35 years I've been practicing law. In Ohio, when I started practicing law the claim would be barred b/c the HO 'came to the nuisance" but now the law has evolved to a balancing act of both parties have to be able to reasonably make use of their property.

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A Massachusetts couple won a verdict worth nearly $5 million against a local country club after suffering from the years-long, "continuous threat" of wayward golf balls struck by hackers. A Plymouth County Superior Court jury awarded Erik and Athina Tenczar $4.93 million in December, finding that Indian Pond Country Club was at fault for not protecting the couple's home from a constant barrage of bad golfing, court records showed.



The Tenczars originally sued both Indian Pond and Spectrum Building Inc., which built their new home in Kingston, about 40 miles south of downtown Boston. They settled with the builders, leaving Indian Pond Country Club as the sole defendant. “The continuous threat of golf ball strikes occurring at any time prevents the Tenczars from the use and enjoyment of their property,” which was purchased for $750,000 on April 27, 2017, according to the complaint. The Tenczars' attorney, Robert Galvin, said he understands skepticism about his clients' dismay over errant golf balls, knowing they were buying property that abuts the 15th hole. But the inconvenience of an occasional backyard golf ball pales in comparison to the 651 dimpled spheres that have struck their property, Galvin said. There have been "multiple broken windows," according to the lawsuit and one particularly jarring shot on July 18, 2018 that "struck a window in the home shattering the glass and terrifying the plaintiffs' young daughter and resulting in the Tenczars contacting the Kingston Police Department to file a report."

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https://www.yahoo.com/news/mass-fami...195858994.html

[texan]

I agree with them moving into a nuisance. People in Texas put up nets and reinforce windows etc. They know when they get there. #stupid verdict.

[RMNIXON]

$5 Million seriously?

When I played a local club we did hit a few onto the local street as I recall hoping no car was getting hit!

[Dr. Who]

I never understood why anyone would want a property abutting a golf course for that very reason. Nevertheless, I do think that the golf course should be held liable for the activities occurring on their property that damages the property of others or interferes in the use and enjoyment of same. A golf ball with sufficient velocity hitting someone in the temple could be lethal. I presume that the bulk of the settlement is for the years of aggravation that they have endured. The golf club has now redesigned the 15th hole to discourage golfers from attempting to clear a tree line, the failure of which resulted in the rain of golf balls on the plaintiffs' property. It's a pity they didn't have the decency to do so when the plaintiffs first made them aware of the problem.

[texan]

Quite Frankly I am surprised there are not Housing associations with contracts stating you know what you are getting into.

[DGUtley]

I never understood why anyone would want a property abutting a golf course for that very reason. Nevertheless, I do think that the golf course should be held liable for the activities occurring on their property that damages the property of others or interferes in the use and enjoyment of same. A golf ball with sufficient velocity hitting someone in the temple could be lethal. I presume that the bulk of the settlement is for the years of aggravation that they have endured. The golf club has now redesigned the 15th hole to discourage golfers from attempting to clear a tree line, the failure of which resulted in the rain of golf balls on the plaintiffs' property. It's a pity they didn't have the decency to do so when the plaintiffs first made them aware of the problem.

Every case of this I've had lately, I bring along a golf course architect in the first meeting to discuss what can be done with the course. That is inevitably where it leads - unless you want to buy the house.

[Dr. Who]

Quite Frankly I am surprised there are not Housing associations with contracts stating you know what you are getting into.

I think there is a difference between the expectation that the occasional ball might land in your backyard and the equivalent of high fly balls smashing through your windows.

[carolina73]

I lived on a golf course right next to the green. That is where my kids learned all their curse words. Well most anyways.

[Dr. Who]

Every case of this I've had lately, I bring along a golf course architect in the first meeting to discuss what can be done with the course. That is inevitably where it leads - unless you want to buy the house.

Perhaps the golf course can sue the original golf course architect for the omission in their design. Otherwise, there are always those giant nets they use in municipal driving ranges. Not very pretty, but they stop the balls.

[Crepitus]

A family wins a $5 million verdict from a country club after their property is hit by over 600 golf balls...

Full disclosure: I have defended 4 or 5 of these cases over the 35 years I've been practicing law. In Ohio, when I started practicing law the claim would be barred b/c the HO 'came to the nuisance" but now the law has evolved to a balancing act of both parties have to be able to reasonably make use of their property.

Attachment 48604
A Massachusetts couple won a verdict worth nearly $5 million against a local country club after suffering from the years-long, "continuous threat" of wayward golf balls struck by hackers. A Plymouth County Superior Court jury awarded Erik and Athina Tenczar $4.93 million in December, finding that Indian Pond Country Club was at fault for not protecting the couple's home from a constant barrage of bad golfing, court records showed.



The Tenczars originally sued both Indian Pond and Spectrum Building Inc., which built their new home in Kingston, about 40 miles south of downtown Boston. They settled with the builders, leaving Indian Pond Country Club as the sole defendant. “The continuous threat of golf ball strikes occurring at any time prevents the Tenczars from the use and enjoyment of their property,” which was purchased for $750,000 on April 27, 2017, according to the complaint. The Tenczars' attorney, Robert Galvin, said he understands skepticism about his clients' dismay over errant golf balls, knowing they were buying property that abuts the 15th hole. But the inconvenience of an occasional backyard golf ball pales in comparison to the 651 dimpled spheres that have struck their property, Galvin said. There have been "multiple broken windows," according to the lawsuit and one particularly jarring shot on July 18, 2018 that "struck a window in the home shattering the glass and terrifying the plaintiffs' young daughter and resulting in the Tenczars contacting the Kingston Police Department to file a report."

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https://www.yahoo.com/news/mass-fami...195858994.html

That's a stupid judgement. If they moved and then someone built a golf course it would be different, but since they knew they were building on a course...