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Suit Claiming Golfer’s Ball Hit Gardener Dismissed

| March 2, 2011

St. Andrews was part of the original lawsuit, but the DuPage County Circuit Court file said the club was dismissed last month after reaching a $30,000 out-of-court settlement.

A DuPage County judge dismissed a civil lawsuit against a Naperville golfer whose tee shot on the 17th hole of St. Andrews Golf and Country Club, West Chicago, Ill., “pulled” off the course and hit a woman gardening nearby in her backyard, reports the Chicago Tribune.

Lillian Demo, who owns a house on the southern border of the golf course in West Chicago, sued in 2007 for unspecified damages of more than $50,000 after Raymond Kinney hit the errant shot on Aug. 25, 2005. Demo claims she was struck in the head as she worked in her garden and still suffers migraine headaches.

The lawsuit claims that Kinney, a businessman who was in a foursome participating in the club’s annual DuPage County Republican Day, was negligent by failing to aim and properly execute the swing of his golf club.

In dismissing the suit, Judge John Elsner said that Demo’s “contention is that when a golf ball veers from its intended path the golfer is negligent. This would create prima facie liability whenever a golfer strikes a ball that leaves the confines of the hole he is playing. This is simply not the law in Illinois.”

St. Andrews was part of the original lawsuit, but the DuPage County Circuit Court file said the club was dismissed last month after reaching a $30,000 out-of-court settlement.

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