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Golfer Receives Brain Injury In Black Friday Attack at Indian Creek Golf Club

According to cbsdfw.com, Michael Plumlee, 27, was attacked and seriously injured after finishing up his putt on the 17th hole at Indian Creek Golf Course in Carrolton this past Friday. According to witnesses, another foursome, including suspect Kevin Keo Sivilay, broke golf etiquette by hitting their fairway shots at Plumlee and his friends.

Plumlee then threw one their balls off the green, and that is when Sivilay swung an iron at the back of Plumlee’s head; hitting him repeatedly with his club. Witnesses say that the attack continued after Plumlee had fallen to the ground with serious injuries.

According to police, Sivilay has been charged with aggravated assault with a deadly weapon and could face up to 20 years in prison, if convicted.

But that leaves behind the question that personal injury attorneys spend their lives working towards: who is going to make this young man whole again? This young man has been severely injured after a savage attack. He could certainly sue the man who attacked him. Could he sue the golf course? That is a good question because there is not a whole lot of case law that speaks to this particular issue. So, at best, we could say “maybe” because we need to know more about the situation.

The closest case on point in Texas would be Hathaway v. Tascosa Country Club, Inc.,  an Amarillo Court of Appeals case from over 20 years ago, but still remains the case on point for Country Club liability. Essentially, it comes down to whether the Country Club knew or should have known about the potential dangers to their “invitee” golfers. To put it more legally:

A possessor of land is subject to liability for physical harm caused to his invitees by a condition on the land if, but only if, he
(a) knows or by the exercise of reasonable care would discover the condition, and should realize that it involves an unreasonable risk of harm to such invitees, and
(b) should expect that they will not discover or realize the danger, or will fail to protect themselves against it, and
(c) fails to exercise reasonable care to protect them against the danger.
Whoa. Daunting. However, the facts of the particular case may allow you to overcome this burden. We need to look at tee times. We need to look at whether these guys had been breaking course rules and etiquette throughout the day. Was the Country Club aware of this? Had they been purchasing alcohol at the bar? Was the Country Club aware of any intoxication? The list goes on, and this is certainly something that a personal injury attorney will look into when taking on such a case.

About Our Firm:

guestandgray

Guest and Gray, P.C. is an experienced litigation team serving all North Texas counties. We are the largest and highest rated law firm in Rockwall and Kaufman County. We regularly pursue and defend various civil litigation claims, including personal injury claims. Our practice is quickly growing, and we have offices in the Dallas, Rockwall and Forney area to provide convenience to our clients. We are longtime faces in our community and we love what we do. We seek to provide an air of calm and confidence for our clients during a difficult time. We believe that makes us a little bit different from everybody else, and we like it that way.

For more information, or if you are seeking legal advice, give us a call at (972) 564-4644.

 

Sources: http://dfw.cbslocal.com/2016/11/28/golfer-beats-another-with-club-inflicts-brain-injury/