Sometimes, a story comes across that just catches my eyes. This one from the AP wire did just that:
A man who claims he was injured by an errant golf ball hit by former Miami Heat player Jamal Mashburn on a Miami Beach golf course in 2004 has sued the retired player for damages.
Jerome Crance was hospitalized on three separate occasions after the ball struck him in the eye, his lawyer Dennis Koltun said Tuesday.
The lawsuit was filed Monday in Miami-Dade Circuit Court and seeks an excess of $15,000 in damages.
Crance and Mashburn, who retired from the NBA after an injury last year, were both playing golf at the upscale LaGorce Country Club in March 2005. Crance was teeing off on the 17th hole when Mashburn hit a shot off the 18th hole that struck him in the eye, the lawsuit said.
Poor Jamal Mashburn. He, like so many of the readers and writers on this blog, was out hacking his way around a golf course…..hit an errant shot that happened to nail someone in the eye, and now he is being taken to court. Essentially the suit is….you are a bad golfer, give me money. That is simply unfair. If that were a basis for a legal action, Hubby our engineer would literally have no money.
Ultimately however Jamal should prevail. I had a British professor who taught me torts in law school who would say, “very little is settled in your American law. But what is settled more than anything is that if you get hit with a ball at a sporting event, you can’t sue.” While Jamal was not at a “sporting event”, I think the principles of “assumption of risk” should help him. So Mash if you are reading this, I recently bought a car from you…..the least you can do is let me represent you on this case….