The court has ruled that a golfer who struck a caddie's face with a driver during a practice swing while heading to the first hole tee box before tee-off is liable to pay 20 million won in damages.
On August 27, Judge Jeon Bokyung of the Civil Division 8 of the Suwon District Court ruled in favor of the plaintiff in part in a damages lawsuit (case number 2023Gadan533744) filed by caddie A against golfer B, ordering B to pay A approximately 20.32 million won.
[Facts of the Case]
At around 1:52 p.m. in April 2023, B had made a reservation to use a golf course in Yongin, and A was assigned as the caddie for B's group of four. Around the reserved tee time, B was heading to the first hole teeing area (tee box) with a driver in hand to begin the round, and while moving near the tee box, B struck A's face during a practice swing. As a result of the accident, A was diagnosed with a right inferior orbital wall fracture, traumatic hyphema in the right eye, and a concussion.
Due to this accident, B was summarily indicted and fined 2 million won by the court for the charge of negligent bodily injury.
A filed a lawsuit against B, seeking approximately 34.63 million won in damages.
[Court Ruling]
Judge Jeon stated, "A was heading to the first hole behind B to assist with the tee shot. In such a situation, B had a duty of care to check the surroundings for A and others before swinging, but neglected this duty and caused the accident through careless swinging. Therefore, B is liable to compensate A for the damages."
During the trial, B argued that "A contributed significantly to the accident by failing to instruct B not to practice swing recklessly or by not informing B that A was closely following behind."
However, Judge Jeon explained, "A was following B to perform caddie duties, and B could have easily noticed this with minimal attention. Furthermore, B suddenly stopped while walking near the tee box and performed a practice swing, an action that A, as a caddie, could not have easily anticipated."
Judge Jeon continued, "A golf club is inherently a dangerous object, and it is common sense to check one's surroundings before swinging. There is no separate duty for A to inform B of their presence. Considering these factors, the accident occurred solely due to B's negligence, and the argument that B's liability should be reduced due to A's alleged negligence cannot be accepted."
Judge Jeon calculated the damages, including prior medical expenses, lost earnings, and compensation for pain and suffering, and ordered B to pay A approximately 20.32 million won.
Judge Jeon recognized about 2.63 million won as prior medical expenses and, taking into account the circumstances of the accident, the severity of the injury, and A's age, set the compensation for pain and suffering at 15 million won. However, the court did not accept A's claim of 100% loss of earning capacity for three months, instead recognizing a 100% loss of earning capacity for one month, including a seven-day hospitalization period, when calculating lost earnings.
The court also did not accept A's claim of a monthly income of 4 million won, instead recognizing approximately 2.7 million won per month as lost earnings.
Park Suyeon, Legal Times Reporter
※This article is based on content supplied by Law Times.
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