Friday, August 29, 2003
Attorney Representing Child Hit by Longshore Golf Ball Files Notice
An attorney representing a 2-year-old child hit by a golf ball while being pushed by his mother in a stroller at Westports Longshore Club Park has served notice of a claim against the town, Town Clerk Patricia H. Strauss said today.
A letter noticing the claim said the July 7 incident was ғproximately caused by a road defect.
The child, Benjamin Goldstein, suffered a traumatic brain injury and his mother, Lynn Goldstein, who was pushing him in a jogger stroller along LongshoreԒs entrance drive at the time, suffered serious emotional distress, the letter said.
Strauss said the letter, which can lead to a court action but does not necessarily mean there will be one, was received by her office Tuesday from Neil W. Sutton. He is an attorney with the Bridgeport law firm of Adelman Hirsch and Newman.
The accident happened near the sixth tee of the golf course. The child was taken to Norwalk Hospital and later was transferred to Yale-New Haven Hospital.
The Westport News today quoted Sutton as saying the child has recovered remarkably wellӔ from surgery but has a grotesque scarӔ across the top of his head.
As to whether a lawsuit will actually be filed, he told the newspaper: This could be resolved between the parties.Ӕ
Stuart McCarthy, Parks and Recreation director, was not immediately available for comment.
But he told WestportNow after the incident that the entrance road was clearly marked with a sign warning of possible errant golf balls that could cause serious injury or death. (See WestportNow July 8, 2003).
The letter said the cause of this incident was a defect in the road at that location, specifically the failure to install any fence, net, or other barrier or protective device between the tee for sixth holeӔ and the roadway.
It said Benjamin’s “earning capacity and his ability to enjoy life’s activities have been permanently reduced as a result of this incident and the road defect” and his parents had incurred medical bills.
The letter added: ” As a further result of this incident, and the defect in the road, Lynne Goldstein, who witnessed her son being struck and seriously injured by the golf ball, suffered serious emotional distress.”
Posted 08/29/03 at 07:23 PM Permalink
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I live next to a Davis Love golf course in Georgia. On most days golf balls fly over my house and land in the street in front of my house or clear the street entirely. There are no warning signs, no netting, no natural screening. An accident like that described above waiting to happen.
I was at my in-laws house next to Davis Love golf course in Ga., in the back yard, on my wedding day when a golf ball came flying directly at us. IF we wouldn’t have rushed inside I don’t know what would have happened. Something needs to be done about this. This wasn’t the first or last close call.