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:
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