BC woman sues after she was struck by errant golf ball near course
A Vancouver woman is suing a man and his golf club after a golf ball flew through her open car window and hit her in the face.
According to Evelyn Mohr’s lawsuit with the BC Supreme Court, the alleged incident happened June 4 while she was driving along Beach Drive in Vancouver Island with her window rolled down. She said she was travelling in the District of Oak Bay area (which is located within the Greater Victoria Region) when Kane Wyatt “negligently” struck a golf ball from the Victoria Golf Club that hit her in the face, causing severe injuries.
Mohr said she sustained several injuries and continues to endure pain, suffering, and emotional and physical distress. Her injuries include facial lacerations, concussion, cognitive deficits, injury to her eye, cheek, forehead, and neck, and impacts on her mental health, among others. She said she’s experienced a loss of enjoyment of life, permanent physical disability, and loss of earnings due to her injuries.
Was this a case of negligence?
According to the lawsuit, Mohr believes Wyatt’s actions were negligent and/or a breach of duty because he didn’t take reasonable care to ensure her safety. She goes on to list that Wyatt also failed to ensure he would not injure someone when “negligently striking the golf ball,” which was hit off the golf course into the public.
The Victoria Golf Club and the District of Oak Bay also face allegations. Mohr said they are “vicariously liable … [for] allowing the Golf Club to be designed in a way that there were risks to individuals to be injured.”
Mohr claims the District and golf club failed to warn and protect others of the danger of being hit with golf balls, as there isn’t proper netting to catch errant golf balls or warning or caution signs.
She added, “The plaintiff claims that the defendants are vicariously liable for the negligence of their servants, agents, employees and/or contractors.”
Mohr is seeking general, special and aggravated damages.
Daily Hive has reached out to the Victoria Golf Club and will update this article if a statement is received. Meanwhile, the District of Oak Bay said it “will not comment at this moment on any civil claims that are currently before the courts.”
None of the allegations has been proven in court.
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