Trial date is set for golfer hit with ball
March 25, 2004
A trial date has been set for a woman who sued a golfer whose ball struck her in the face in 2000.
The trial, in which there will not be a jury, will start at 8:15 a.m. June 14. It is scheduled to last three days.
Nancy Jane Hurr was struck in the face with a golf ball after finishing the first hole at the Sheraton Steamboat Golf Course on May 4, 2000. The ball was hit by Drew Goranson, 22, who was scheduled to start working for the golf course later that month.
The woman is asking that the golfer pay her damages related to pain and suffering, wage loss, permanent physical impairment and a mild traumatic brain injury.
Videotape could be introduced in the case to show a panoramic view from the first tee to where Hurr was standing at the time of the accident. At a pretrial conference March 19, District Judge Michael O’Hara made plans to visit the golf course May 4.
In Hurr’s complaint, she said that Goranson was negligent because he did not warn her of his shot. According to Colorado case law, a golfer has a duty to warn of an impending shot when someone is in the “zone of danger,” unless the person knows the shot is coming, said Hurr’s attorney, William Hibbard. That didn’t happen in this instance, he said.
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“It doesn’t work to hit the golf ball when someone is in the zone of danger and yell ‘fore’ afterward in hopes that they’ll be able to get out of the way,” Hibbard said.
Court filings by Goranson’s attorney stated that Goranson was not negligent because Hurr was not standing where shots are intended to go, because Goranson shouted “fore” when he saw the shot was veering off course, and because Hurr was aware or should have been aware of the shot.
The force of the impact fractured Hurr’s right orbital and resulted in extensive mouth and face surgery, according to a complaint filed April 26, 2002.
Originally, Hurr filed a complaint against Ski Time Square Enterprises, but that was dropped when it was discovered that Goranson did not start working for the company until May 20, 2000.
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