Golfer hit in head by ball gets €275k
Mr Justice Michael Peart made the award against Mary Brennan’s fellow Old Conna Golf Club member, Patrick Trundle, in a reserved judgment in which he criticised attempts by the defendant’s insurers to establish that Ms Brennan had exaggerated her complaints.
“I have taken a strong view against that proposition and it is only fair to say that there was no question about her trying to exaggerate her symptoms,” the judge said.
The court had heard that Ms Brennan, aged 56, of The Park, Cabinteely, Co Dublin, was standing on the balcony of Old Conna Golf Club, Bray, Co Wicklow, in April 2009, when she was hit on the head. She suffered a stroke some days later.
She had only joined Old Conna three weeks before the incident.
Mr Justice Peart said the award was against Mr Trundle only, since a claim against the golf club had all but been abandoned.
He awarded Ms Brennan a total of €274,685, which included €80,000 for past pain and suffering and €110,000 for future pain and suffering and loss of life enjoyment.
He also allowed €25,000 for future medical treatment costs and said his overall award included €59,685 already been paid out under Ms Brennan’s VHI policy that would have to be repaid to the health insurer.
Niall Beirne, counsel for Ms Brennan, asked that the matter be put back for mention on October 8 to allow both parties full consideration of the judgment.
Mr Justice Peart said it was safe to say that if you were standing on the veranda a your golf club on a pleasant April evening chatting to friends, you do not expect to be struck by a golf ball by somebody playing a nine iron to the 18th green.
Her husband Phillip had been playing with Mr Trundle in a fourball. No-one had seen the ball heading towards the clubhouse and therefore nobody had shouted the customary “fore” warning.
Mr Trundle had believed he had made good contact with the ball and had made a good shot.
Mr Justice Peart said a hit golf ball was a dangerous missile travelling at considerable speed and it would, as a matter of probability if not inevitability, cause injury if it hit a person on the head.
In circumstances where Mr Trundle did not know where his ball had gone, it ought to have occurred to him that it may have travelled towards the clubhouse.
Ms Brennan’s vision was so badly affected following the blow that she would find it difficult carry out her normal day to day activities. She had walking difficulties, which had been the subject of a lot of controversy.
Mr Trundle’s insurers had employed a detective agency to covertly film her as she walked her dog and relied on this to suggest she was exaggerating her difficulties.
