A golf shot that injured a maintenance worker could prove costly for a Springfield golfer.
Westport Insurance Corporation has sued Jason Brawner for allegedly not voicing a warning before he teed off and struck employee Chris Wylie with his ball on Aug. 12, 2003, at the Millwood Golf and Racquet Club.
The Overland Park, Kan., company -- which insures Millwood's owner, Keltner and Company -- seeks a financial award after it paid Wylie more than $100,000 to date in benefits.
Springfield attorney Charles Kiefer Jr., who represents Brawner, has filed a response claiming the maintenance worker was negligent instead.
"We deny liability on the part of Mr. Brawner, as we do in the prior dismissed federal case," Kiefer said.
Westport's attorneys initially filed a petition at Springfield's federal courthouse on April 20. Lawyers for both parties agreed to dismiss the federal case on Sept. 22, when a similar complaint was filed in Greene County. Westport's case was assigned to Circuit Judge Henry Westbrooke's court.
Brawner was among four men playing golf at the club when they noticed Wylie about 75 yards away -- left of the tee box -- connecting a hose to a water spigot, Tennessee attorney Edwin Rawson and Springfield attorney Mark Millsap alleged in the complaint.
"In spite of Wylie's close proximity, Brawner 'teed off' second and his ball struck Wylie in the head," the petition said.
Wylie reportedly suffered a skull fracture, eye injuries and motor skills problems after the incident.
Kiefer denied that Brawner failed to utter a warning before the stroke. Efforts to reach Brawner for comment were unsuccessful. According to U.S. Golf Association etiquette, players should always alert staff nearby or ahead before making a stroke. The traditional word of warning is "fore."
Kiefer argued that Wylie failed to wear protective headgear, and should not have been in front of golfers he knew or should have known were playing.
Wylie received workers compensation, which employers provide to employees injured on the job to eliminate the need for litigation.
However, an employer may sue a third party in an effort to recover some funds paid to an injured employee.
Department of Insurance spokesman Randy McConnell said a claim usually must be "fairly sizable" before an insurer will seek action against a third party.
Dan Schumacher, Millwood general manager, said his club follows a 30-page employee training manual that advises on safety.
Golfers are also advised on proper etiquette to avoid accidents, including pace of play and careful cart driving.
"We very rarely ever have them. We had one last year, but that was a freak accident," Schumacher said, referring to Wylie's injury.
The employee has since returned to work at the club, he said.
The Golf Course Superintendents Association of America and USGA officials said they did not keep data on golf course injuries, but the Greene County case is not unprecedented.
The San Diego Union-Tribune reported in August that a San Diego jury awarded Mesa College student Jordan Carlson nearly $1.2 million for a golf injury.
The 26-year-old Carlson was permanently blinded in his left eye in 2002 when a golfer hit a ball through a chain-link protective fence at De Anza Harbor Resort and Golf.
Source: Springfield News-Leader (Mo.)