Golfer who lost eye awarded £400,000
5th November, 2011 by Emma Williams
A golfer who lost an eye when a ball struck it at Niddry Castle Golf Club in Scotland is set to receive around £400,000 after a judge decided that the club was 30 per cent responsible for the injury due to a lack of proper signage.
Anthony Phee, 44, who had never played at the course before, suffered the damage in 2007.
He sued the golf club and James Gordon, the man who hit the ball, at the Court of Session in Edinburgh, seeking damages for the injury he suffered.
The judge who heard the case, Lord Brailsford, ruled that Mr Gordon was 70 per cent responsible for the accident. The remaining 30 per cent of liability rested with the golf club for its “failure” to erect proper warning signs on the course.
“Experts considered that signs would have been a proper and effective way to draw risk to the attention of golfers and, moreover, that such signs, had they existed, would have been likely to have been heeded,” he said.
The final level of Mr Phee’s payout will be set at a future court hearing. However, his lawyers said damages have been agreed at around £400,000.
Mr Phee said after the ruling: “I am delighted at the judgment and relieved that the court case is over.
“No-one expects to lose an eye when they go to play golf, and adjusting to partially losing my sight has been a harrowing experience. I now just want to move on with my life.”
David Sandison, senior partner of Lawford Kidd Solicitors in Edinburgh, said: “We are delighted that, after a long struggle, Mr Phee has been awarded compensation for his injuries. Damages have been agreed at around £400,000.”