David Olson Obtains Summary Judgment in Golf Course Trip and Fall Case
Venue: U.S. District Court for the Central District of California - Riverside
Verdict: Summary Judgment Granted
Type of Case: Trip and Fall on a Golf Course
Parties Represented: Owner of a Golf Course
Plaintiff, represented by Panish, O’Shea & Boyle, claimed a severe brachial plexus injury, rendering her dominant hand essentially useless, as the result of tripping and falling in a 5” deep hole about 15 feet from the edge of one of the greens on defendant’s golf course. Plaintiff speculated that the hole had been caused by mowers or golf course maintenance. Attorney David Olson brought a summary judgment motion establishing undisputed facts relating to reasonable maintenance and inspection procedures, and establishing that the entire course had been renovated just weeks before, a procedure that involves shaving down the grass to soil level and filling in any depressions and holes. The hole involved in plaintiff’s fall was the result of an undiscoverable old gopher run, that had apparently only recently collapsed without notice to defendant. Due to the depth of the newly grown grass, the hole was not discoverable upon reasonable inspection. The defense also argued that depressions and holes are a normal risk of the sport assumed by participants under a “primary assumption of risk” analysis. The court granted the defense motion for summary judgment on the notice issue. Plaintiff appealed but dismissed the appeal for a nominal settlement.
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