Family gets $2 million after golfer drives cart off cliff.

[Soul Crusher]

Family gets $2 million after golfer drives cart off cliff
Orange County Register (CA) ^ | July 27, 2009 | By JAIMEE LYNN FLETCHER

Posted on Monday, July 27, 2009 2:00:08 PM by Oldeconomybuyer

IRVINE– A local family was awarded nearly $2 million in damages after a San Diego jury ruled a Fallbrook golf course is responsible for the death of a golfer who was killed after plummeting off an 80-foot cliff in a golf cart.

Edwin Payne, 65, of Irvine, tried to make a U-turn in a golf cart sending him over a small curb, down a 40-foot-slope and off an 80-foot drop crashing into Highway 395, said Ronald Schwartz, attorney for Payne's wife, Clara.

After trying to land his ball on the fairway for a third time, Payne tried to make a U-turn near what the course calls its signature No. 2 hole. The turn was tight and Payne drove over a small inner curb and lost control of the cart.

He jumped a second five-inch outer curb and raced down the slope that catapulted him off the cliff, Schwartz said.

Schwartz convinced the jury that the golf course was responsible for the accident because there were no cautionary signs signaling the danger behind the trees and if the course had installed a higher curb, the accident wouldn't have happened, Schwartz said.

The final ruling will be reduced 30 percent because Payne was partially responsible for the accident, Schwartz said.


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Fore!!!!!!!!!!!!!

[240 is Back]

I blame clinton

[grab an umbrella]

It's clearly dudes fault, he should have not hit it into the rough.

[Soul Crusher]

It's clearly dudes fault, he should have not hit it into the rough.

I was thrown out of three driving ranges (One in City Island in the Bronx after I nearly kileld this Korean guy next to me) so I guess I dont have to worry about this. 

In law, there is something called "assumption of the risk", which should have applied here.   

[grab an umbrella]

I was thrown out of three driving ranges (One in City Island in the Bronx after I nearly kileld this Korean guy next to me) so I guess I dont have to worry about this. 

In law, there is something called "assumption of the risk", which should have applied here.   

Would assumption of risk be something that you could prove in court?  I clearly am not a lawyer and don't know the situation, but it sounds like the cliff wasn't a part of the course.

[Soul Crusher]

Would assumption of risk be something that you could prove in court?  I clearly am not a lawyer and don't know the situation, but it sounds like the cliff wasn't a part of the course.

"Assumption of the Risk" means that people assume certain risks of injury and danger in activities they engage in.  For example, if you go to a baseball game, you are assuming a risk that a baseball will fly into the stands and hit you.  it usually applies to known risks and risks that most people believe are attendant with the activity. 

In this case, I dont see how a jury could rule this way since driving a golf cart has risks associated with it and this guy had to know the terrain was uneven. 

Either way, the golf clubs' insurance is going to go through the roof and the members are going to see a huge increase in the cost of membership.     

[LurkerNoMore]

sending him over a small curb, down a 40-foot-slope and off an 80-foot drop crashing into Highway 395, s

That's nothing.  During the in-season months down here it is at least twice a month that I see on the news where some elderly idiot (usually Canadians) has driven their car into a swimming pool or canal.

Despite not driving over 30mph AT ANY TIME the old bags will drive over a curb, through a hedge, do a slow motion push down of a wooden fence, carefully navigate around patio furniture (don't want to scratch the Cadillac) and then drop the car directly into the pool.  The entire "wreck" normally takes at least 20 mins from the time they first leave the road and jump the curb. 

You see them on the news standing around dripping wet and shivering and when the reporter asks them "what happen" they reply "OH I COULDN"T STOP".  Despite at any given minute they could have easily opened the car door, stepped out, walked to the front of the house, rang the bell and asked the homeowner if they would please come around back and hop in their vehicle and apply the brakes before it rolled the last 5 yards and landed in their pool.

[Soul Crusher]

That's nothing.  During the in-season months down here it is at least twice a month that I see on the news where some elderly idiot (usually Canadians) has driven their car into a swimming pool or canal.

Despite not driving over 30mph AT ANY TIME the old bags will drive over a curb, through a hedge, do a slow motion push down of a wooden fence, carefully navigate around patio furniture (don't want to scratch the Cadillac) and then drop the car directly into the pool.  The entire "wreck" normally takes at least 20 mins from the time they first leave the road and jump the curb. 

You see them on the news standing around dripping wet and shivering and when the reporter asks them "what happen" they reply "OH I COULDN"T STOP".  Despite at any given minute they could have easily opened the car door, stepped out, walked to the front of the house, rang the bell and asked the homeowner if they would please come around back and hop in their vehicle and apply the brakes before it rolled the last 5 yards and landed in their pool.

[youtube][http://www.youtube.com/watch?v=VuT12_bPla8/youtube]

[Soul Crusher]

[youtube][http://www.youtube.com/watch?v=WEAhJXkErM8/youtube]

[Soul Crusher]