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PostPosted: Tue Feb 19, 2013 2:54 pm 
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Golfer sued after ball ‘spotter’ blinded by shot



A CHAMPION golfer is being sued by a ball “spotter” who was hit in the eye and blinded by one of his shots.

David McMahon, 70, said he had just warned a pair of straying spectators at a tournament of the possibility of being struck when he was felled by Gavin Dear’s ball.

He told a court that Mr Dear ought to have been able to see him as he played the shot, and denied that he had walked out from behind a golf buggy into the flight of the ball.

Mr McMahon, a retired bus driver, of Leven, Fife, is seeking up to £50,000 damages at the Court of Session in Edinburgh.

Mr Dear, of Scone, Perthshire, denies any negligence and insists that Mr McMahon failed to take reasonable care for his own safety and was solely to blame for the accident.

In 2008, Mr Dear was a member of the three-man Scotland team which lifted the Eisenhower Trophy at the World Amateur Team Championships in Australia.

The following year he was in the Great Britain and Ireland team which lost to the United States in the Walker Cup, and he was named Scottish Golfer of the Year.

The incident with Mr McMahon occurred in April 2009 at the Leven Links course, during the Scottish Amateur Champion of Champions competition.

Mr McMahon, a keen golfer, said he volunteered as a ball spotter at the 11th hole, watching for shots going into gorse bushes. He was standing beside his golf cart near a 4ft-high mound. Mr Dear was playing the adjacent 6th hole.

“A young girl and boy strayed off a path to the top of the mound. I went up and told them to stand back...I explained the danger of standing there. They turned round and walked off. The young girl said, ‘Thanks very much.’ I started my way back down to the buggy and had taken two or three steps and a ball hit me in the eye. After that, I don’t know...” said Mr McMahon.

He was told that Mr Dear’s position in the case was that after hitting his shot and while the ball was in the air, Mr McMahon had walked out from behind the cart and straight into the path of the ball.

“No,” he replied.

The court was told that Mr McMahon had been taken to hospital and had surgery on his right eye but lost the sight in it.

The hearing is expected to last for several days.

http://www.scotsman.com/news/scottish-n ... -1-2799095

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PostPosted: Tue Feb 19, 2013 3:33 pm 
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I went up and told them to stand back...I explained the danger of standing there. They turned round and walked off.


Wasn't it equally dangerous for him to stand there? #-o

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PostPosted: Tue Feb 19, 2013 7:32 pm 
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gusmac wrote:
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I went up and told them to stand back...I explained the danger of standing there. They turned round and walked off.


Wasn't it equally dangerous for him to stand there? #-o



Quite so but these days of no win no fee I'm sure that fact will have been overlooked by his solicitors

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PostPosted: Tue Feb 19, 2013 7:50 pm 
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Out of curiousity are all golf clubs insured for things like stray golf balls ?


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PostPosted: Tue Feb 19, 2013 8:04 pm 
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blackpool wrote:
Out of curiousity are all golf clubs insured for things like stray golf balls ?


It used to be the case, but now more seems to be putting the priority on the players having insurance.

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PostPosted: Tue Feb 19, 2013 8:07 pm 
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If you stood on a shooting range, it'd be your own damn fault if you got shot. I fail to see the difference here :shock:

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PostPosted: Tue Feb 19, 2013 8:30 pm 
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I mean, the guy was there as a ball spotter.................not very good at it was he!
Mind you have you ever been on a golf course and heard someone shout Fore! The first thing most people do is look round to see who shouted instead of ducking down.

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PostPosted: Tue Feb 19, 2013 9:15 pm 
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What about when your driving or walking past a golf course and cc hooks one out,claim ?


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PostPosted: Tue Feb 19, 2013 10:25 pm 
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So, from there, do you take a drop?

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PostPosted: Wed Feb 20, 2013 10:53 pm 
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blackpool wrote:
What about when your driving or walking past a golf course and cc hooks one out,claim ?


harsh :shock:

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PostPosted: Wed Feb 20, 2013 10:54 pm 
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Chris the Fish wrote:
So, from there, do you take a drop?



Play as it lies -

or take a drop for the loss of one shot or the hole in matchplay.

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PostPosted: Thu Feb 21, 2013 7:06 am 
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captain cab wrote:
Chris the Fish wrote:
So, from there, do you take a drop?



Play as it lies -

or take a drop for the loss of one shot or the hole in matchplay.

Sorry chaps, it would probably be out of bounds.

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PostPosted: Thu Feb 21, 2013 8:27 am 
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grandad wrote:
Sorry chaps, it would probably be out of bounds.


If that's the case take a drop for the loss of one stroke where the ball was originally played.

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PostPosted: Thu Feb 21, 2013 11:07 am 
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The court was told that Mr McMahon had been taken to hospital and had surgery on his right eye but lost the sight in it.

The hearing is expected to last for several days.





That is pretty rough - it looks as though his hearing is on the way out as well :oops:

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PostPosted: Thu Feb 21, 2013 12:40 pm 
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cabby john wrote:
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The court was told that Mr McMahon had been taken to hospital and had surgery on his right eye but lost the sight in it.

The hearing is expected to last for several days.





That is pretty rough - it looks as though his hearing is on the way out as well :oops:

Pardon?

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