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Errant Golf Ball Court Litigations

This page includes details of a number of errant golf ball law suits/complaints that have been initiated and/or completed.

• Massachusetts Court Favors Homeowners in Trespass by Golf Balls: Joyce Amaral & another vs. Peter Cuppels & another, No. 04-P-569, Bristol. March 9, 2005. - July 22, 2005

In a civil suit against the owners of Middlebrook Country Club in Rehoboth, Mass., Amaral complained that flying balls from the club's course have damaged one large window and five screens ...... more

• Winged Foot Golf Club Sued

"Since they cut down the trees in 2006, my client has been getting bombarded with golf balls," he said, adding that Mr. Pecora fears for the safety of his children, ages 6 and 11, who often play in the backyard. "He has golf balls raining down on his home - his children can't even walk on the property." .....more

• Prisoners Inside Own Home

"A house on a golf course is going to have golf balls; they knew that. If there was a special disclosure about that property, I knew absolutely nothing about it at the time of the transaction," said Laura Means, the real estate agent who represented the sellers and sold the home to the Moores through the Illinois-based relocation company SIRVA, which provides employee relocation services to corporations.

"We believe the homeowners disclosed everything they should have disclosed and that the buyers were fully aware of the circumstances of the property," said Jeff Margolis, attorney for SIRVA. The Moores have hired Ventura-based real estate attorney Peter Lemmon to represent them in possible litigation.

"The cardinal rule in real estate is disclosure, disclosure, disclosure. A boiler-plate California disclosure form is not enough in a situation like this. The severity of the problem was not disclosed," said Lemmon, who said he had a former law partner who was almost killed by an errant golf ball and lost his hearing as a result. .....more

• Errant Golf Balls in Australia

The number of balls that have struck a residential property built on a golf course is excessive and unreasonable. For this reason, the Supreme Court of Appeal has ordered the Milnerton Golf Club to install a barrier system to prevent balls from landing on property belonging to development company Allaclas Investments and home owner Alexander Simonis. .....more

Email me at golfexpert@probablegolfinstruction.com for a free consultation and fee structure.

Previous Cases

• Expert witness testimony for an automobile club in Australia in 2002 disputing the construction of a new driving range adjacent to a business. I provided statistical evidence that given the topography of the land, wind conditions, golfer shot patterns and the proposed height of nets, a significant number of balls would enter the business' property and potentially cause damage. I used my golf trajectory model to map the flight path of errant balls.

• I have developed a computer spreadsheet that simulates the path a golf ball travels through the air as well as the collision between the various golf clubs and the golf ball. My model takes into account variables such as clubhead speed, loft, ball speed, initial trajectory angle, open, square or closed clubface, backspin, sidespin, air temperature, humidity, density, etc. My model takes into account the same variables as other researchers with comparable results.
• I am a 2-handicap amateur golfer. I have been quite successful competitively winning dozens of tournaments throughout British Columbia. I have played in many B.C. Amateurs (one year I missed making the Provincial Team by 1 shot) and 3 Canadian Amateurs. Most recently I came 12th in the 2000 Canadian Champions of Club Champions sponsored by the Royal Canadian Golf Association. I have been Club Champion for the last 5 out of 12 years at the Salmon Arm Golf Club.
• In April, 2002, I provided Expert Testimony for The Royal Automobile Club (RAC) in The Royal Automobile Club of Queensland Limited v Brisbane City Council & Ors Planning & Environment Court Appeal No. 4544 of 2001@. The case dealt with Brisbane City Council providing a developer to construct a driving range adjacent to the automobile club with nets deemed inadequate from the point of view of the RAC. I was hired to provide expert and statistical evidence that a significant number of golf balls would clear the nets and land in RAC property possible causing damage/injury.
• I have completed providing scientific evidence on golf ball trajectories in August, 2003 for a litigation in San Diego involving a golf ball going through a chain link fence and striking a golfer in the eye.

• I have completed providing golf ball trajectory analysis for Osoyoos Golf Course in August, 2003, in Osoyoos, B.C. to recommend netting heights to protect the clubhouse from errant golf balls.
• I have completed providing golf ball trajectory analysis in May, 2004, for Hastings Driving Range in Burnaby, B.C. to satisfy city requirements on improvements to the netting system to alleviate errant golf balls.
• I testified in court in Colorado in June, 2004, in a litigation involving a golfer being struck in the eye. I was hired to verify that the golfer was in fact in the “zone of danger”, and did not have enough time to take evasive action.
• In July, 2004, I provided expert testimony for a case in Brisbane, Australia involving errant golf balls being hit from a Driving Range onto a circumscribing golf course. Caseldan Pty Ltd v Chang & Chang – Queensland Supreme Court Proceedings No. BS   3207/04
• In March, 2006, I provided expert testimony for a case in Regina, SK involving errant golf balls being hit from a Golf Course towards adjoining residential properties. Q.B.G. No. 952/2004, Regina, 2006 SKQB 183 ..... For a copy of the ruling,
• In 2007, provided advice to a proposed Driving Range in Australia that was next to an airport and therefore had height restrictions.
• In 2007, provided expert advice for a litigation in New Hampshire about an errant golf ball injury to a person in on a Par 3 Course during a “night golf” tournament.
• In 2007, provided expert advice to a golf course in Louisiana that wanted to expand their driving range next to a residential area; minimum net heights were provided.
• In 2007, provided expert advice to two different individuals whose residences adjoined golf courses. I provided them with solutions to their errant golf ball problems.

If you'd like to receive a sample of some of the work I've done, email me and I will provide you with some of the analysis I have done.

Curriculum Vitae: Expert's Qualifications

Ken Tannar

601 Capri Road, Enderby, B.C. V0E 1V3, Canada ¨

•Graduated with a Bachelor of Science with majors in Physics and Mathematics from the University of British Columbia, Vancouver Canada, in 1982.

•Have been teaching Physics 11 (Intro to physics in Grade 11, 2nd to last year or secondary school), Physics 12 (university preparation in physics in Grade 12, graduating year from secondary school), Calculus 12 (first year university/college Calculus) for the past 18 years.

•Have spent the last 8 years researching the literature on the topic of Physics of Golf (a subtopic of the Physics of Sports or the Science of Sports). Much of my research has centered on the organization called the Scientific Congress of Golf, which holds a conference every 4 years at St. Andrews, Scotland See Footnotes for a listing of the resources I have used to do my research.

•Designed a website called ProbableGolf Instruction.com that provides golfers with methods to improve their game without having to do any physical practice. My ideas teach golfers to apply some simple results of some very complex mathematics and physics to make better club selections and decisions on the course. Much of the information is provided for free, but golfers can purchase other information and services on-line. The basis of the information provided in the website are results of the research and development I have done on the physics and mathematics of golf.

•I have developed a computer spreadsheet that simulates the path a golf ball travels through the air as well as the collision between the various golf clubs and the golf ball. My model takes into account variables such as clubhead speed, loft, ball speed, initial trajectory angle, open, square or closed clubface, backspin, sidespin, air temperature, humidity, density, etc. As will be demonstrated later in this report, my model takes into account the same variables as other researchers with comparable results.

•I am a 2-handicap amateur golfer. I have been quite successful competitively winning dozens of tournaments throughout British Columbia. I have played in many B.C. Amateurs (one year I missed making the Provincial Team by 1 shot) and 3 Canadian Amateurs. Most recently I came 12th in the 2000 Canadian Champions of Club Champions sponsored by the Royal Canadian Golf Association. I have been Club Champion for the last 5 out of 12 years at the Salmon Arm Golf Club.

©Probable Golf Instruction, Ken Tannar 2001-2010. All Rights Reserved.

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