Spectator launches appeal over court case loss

Alistair Dunsmuir
By Alistair Dunsmuir March 7, 2022 11:30

A spectator at a golf event who lost his case against a golfer, a golf club and The Golfing Union of Ireland after being hit on the head by a golf ball, has appealed the verdict.

Last year, Colm Campbell lost his High Court action over the incident at the Co Sligo Golf Club in 2016.

However, the Court of Appeal (CoA) has been urged to order a retrial of the unsuccessful damages action.

Mr Campbell claimed a golfer’s shot was errant and that he should have shouted “fore”. He said he was struck on the left side of his forehead and, as a result, he was in constant pain and his life had totally changed.

The High Court dismissed his action, saying Mr Campbell was not paying attention and was talking to friends when the ball was struck.

In his appeal, Jonathan Kilfeather SC, for Mr Campbell, told the CoA that the High Court decision should not stand.

He said the golfer was responsible for what happens to the golf ball after it is struck and he should have been aware, or ought to have known, that there were people standing where the ball eventually went. In this case, the golfer and his caddy were familiar with where people stood during this competition, counsel said.

Mr Kilfeather said the case should be sent back to the High Court for retrial.

Finbarr Fox SC, for the golf club and the GUI, said the appeal lacked merit and should be dismissed.

Noel C McCarthy SC, for Mr Le Blanc, said this was not a wayward shot by his client and there was no duty on him to shout “fore” to warn anyone. The shot was a good shot and it ended up on a part of the course where Mr Campbell should not have been standing, he said.

The High Court decision confirmed this, was correct, and should stand, he said.

The three-judge court said it hoped to give its decision later this year.

 

Alistair Dunsmuir
By Alistair Dunsmuir March 7, 2022 11:30
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1 Comment

  1. Peter March 7, 18:53

    In all my years, I’ve only seen or heard of a “handful” of these cases succeeding !! Attending an “event”, buying tickets, usually means agreeing to rules and “giving-up” rights to claims !!

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