Sullivan-Coughlin v. Palos Country Club, Inc.

812 N.E.2d 496, 349 Ill. App. 3d 553, 285 Ill. Dec. 676, 2004 Ill. App. LEXIS 739
CourtAppellate Court of Illinois
DecidedJune 22, 2004
Docket1-02-2079 Rel
StatusPublished
Cited by27 cases

This text of 812 N.E.2d 496 (Sullivan-Coughlin v. Palos Country Club, Inc.) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sullivan-Coughlin v. Palos Country Club, Inc., 812 N.E.2d 496, 349 Ill. App. 3d 553, 285 Ill. Dec. 676, 2004 Ill. App. LEXIS 739 (Ill. Ct. App. 2004).

Opinion

JUSTICE CAHILL

delivered the opinion of the court:

We are asked to review a jury verdict finding defendant Palos Country Club, Inc., negligent for an injury to plaintiff Diane SullivanCoughlin when a golf ball allegedly struck plaintiff in the head and caused her to fall out of a golf cart. We affirm.

Maria Shirley, plaintiffs sister, testified at trial that on May 14, 1995, she was golfing with plaintiff and other members of her family at defendant’s golf course. Maria and plaintiff shared a golf cart. Once the group finished golfing, Maria drove plaintiff off the course near the ninth hole. As they neared the pro shop and cart return area, Maria heard “a whack.” Maria looked over and saw plaintiff fall out of the cart like a “rag doll” and hit her head on the pavement. Maria believed the “whack” she heard was a golf ball hitting plaintiffs head. Maria did not see the golf ball.

Plaintiff testified she had no memory of the accident. Since the accident, plaintiff has had difficulty sleeping and uncontrollable muscle spasms. The injury also affected plaintiffs memory and coordination.

Dr. Eugene Blonsky testified plaintiff sustained two brain injuries: one on the back left side of the brain and the second on the front right side of the brain. Dr. Blonsky opined the injury to the back left side of plaintiffs head occurred first and was consistent with being struck by a golf ball.

Felix Lee testified he operated a barbeque pit near the pro shop where players would eat. Lee denied seeing golf balls land in the barbeque pit area. Although Lee heard that golf balls struck the pro shop on occasion, he never witnessed this. Lee denied saying the opposite to plaintiffs attorney and investigator.

David Szczecin, an attorney with plaintiffs counsel’s firm, testified he spoke with Lee before trial. Lee told Szczecin that golf balls would land in the barbeque pit area as frequently as once a week. Lee also said golf balls would often strike the pro shop and cart return areas.

Joseph Mahr testified he was hired by plaintiff as a private investigator. Mahr interviewed Lee, who told Mahr that golf balls had “on occasion” bounced into the barbeque pit area.

Sue Sheanon testified she worked in the pro shop. Sheanon often heard golf balls hitting the roof of the pro shop but never saw a golf ball hit a person in the vicinity of the pro shop. On cross-examination, Sheanon said golf balls only seldomly hit the roof of the pro shop.

Michael Robert Eiben testified as an expert in architecture and the Building Officials and Code Administrators’ (BOCA) building code, a model building code adopted by the municipality where defendant’s club was located. Over defendant’s objection, Eiben opined that the area where plaintiff was injured was unsafe due to congestion, the number of golf-related activities and proximity to the golf course. Eiben based this opinion on his experience and training in architecture, as well as his knowledge of the BOCA code. Eiben believed defendant could have made the area safe by moving the pro shop, cart return and barbeque pit, areas where people congregate, farther from the course. Alternatively, Eiben said defendant could have constructed a 20-foot-high barrier between the course and the congested areas. Eiben noted that, although defendant placed a fence near the course to offer some protection, the protection was minimal. On cross-examination, Eiben admitted he lacked experience in golf course design and architecture.

Michael John Hurdzan, a golf course architect and designer, testified on behalf of defendant and disagreed with Eiben’s conclusion that the area of defendant’s club where plaintiff was injured was dangerous. Hurdzan believed the probability that a golf ball caused plaintiffs accident was less than 1% and construction of a fence to catch golf balls would be superfluous. Hurdzan’s opinion was premised on the assumption that golfers used aim when swinging.

Defendant also presented testimony from several physicians who disagreed with the cause and extent of injury advanced by plaintiff. Dr. James Massimillion testified he was plaintiffs emergency room physician. Plaintiff had a laceration on the back left side of her head and internal bleeding near the front part of the skull. Dr. Massimillion opined the injury to the back of plaintiffs head was made with such force as to cause the internal bleeding in the front of plaintiffs head. Dr. Massimillion believed that both of plaintiff’s injuries were consistent with falling out of a golf cart onto pavement. Dr. Massimillion was not told plaintiff had been hit by a golf ball, nor did he think plaintiffs injuries were consistent with being hit by a golf ball.

Dr. Gaston G. Celesia, a neurologist, testified he examined plaintiff and did not find physical, cognitive or neurological abnormalities. Dr. Christopher Randolph, a clinical neuropsychologist, testified similarly.

Defendant was barred from presenting evidence of plaintiffs blood-alcohol level or the golf cart rental agreement through plaintiffs pretrial motions in limine. The trial court said it would revisit its ruling with respect to plaintiffs blood-alcohol level at trial and allow such evidence if defendant could lay a proper foundation. Defendant did not ask to have the issue revisited at trial.

The jury found defendant negligent and awarded plaintiff $457,995.13. The jury also found plaintiff 30% contributorily negligent and reduced the award to $320,596.60. Defendant moved for judgment notwithstanding the verdict or, in the alternative, a new trial. The trial court denied defendant’s motion and defendant appeals.

We begin our analysis with defendant’s argument that it was entitled to judgment notwithstanding the verdict. We review the trial court’s order denying judgment notwithstanding the verdict de novo and will reverse if the evidence, when viewed in the light most favorable to plaintiff, so overwhelmingly favors defendant that no contrary verdict based on that evidence could ever stand. See Snelson v. Kamm, 204 Ill. 2d 1, 42, 787 N.E.2d 796 (2003). In making this assessment, we will not substitute our judgment for the jury’s, reweigh the evidence or determine the credibility of witnesses. See Donaldson v. Central Illinois Public Service Co., 199 Ill. 2d 63, 89, 767 N.E.2d 314 (2002).

Defendant argues plaintiff failed to establish that defendant owed her a duty of care. Specifically, defendant maintains plaintiff did not offer “competent” evidence that the area where plaintiff was injured was unreasonably dangerous or that defendant knew or should have known of such danger.

To recover under a theory of negligence, a plaintiff must prove the defendant owed a duty, the defendant breached that duty and the breach proximately caused the plaintiffs injury. Prochnow v. El Paso Golf Club, Inc., 253 Ill. App. 3d 387, 397, 625 N.E.2d 769 (1993). Whether a duty exists is a question of law. Prochnow, 253 Ill. App. 3d at 397.

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Sullivan-Coughlin v. Palos Country Club
812 N.E.2d 496 (Appellate Court of Illinois, 2004)

Cite This Page — Counsel Stack

Bluebook (online)
812 N.E.2d 496, 349 Ill. App. 3d 553, 285 Ill. Dec. 676, 2004 Ill. App. LEXIS 739, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sullivan-coughlin-v-palos-country-club-inc-illappct-2004.