PGA Off the Hook in Girl's Golf Camp Injury
The Professional Golfers Association of America cannot be held liable for injuries sustained by a 5-year-old girl who was attending a summer golf camp…
November 01, 2017 at 03:11 PM
6 minute read
The Professional Golfers Association of America cannot be held liable for injuries sustained by a 5-year-old girl who was attending a summer golf camp where one of its member pros was an instructor, a New Jersey appeals court ruled on Wednesday.
A two-judge Appellate Division panel, in an unpublished decision, agreed with a trial judge that there was no credible evidence to conclude that the PGA, which has more than 29,000 members who classify themselves as golf pros, had any involvement in the incident that caused the young girl's injuries.
Appellate Division Judges Joseph Yannotti and George Leone agreed with Hunterdon County Superior Court Judge Michael O'Neill that the negligence claims against the Florida-based PGA should be dismissed on summary judgment.
The child, identified only as E.K., was injured on July 27, 2013, while attending a summer golf camp run by the Hunterdon County YMCA. The camp's brochure had the PGA logo on it and a member, Chris Nallen, was one of the instructors, according to the decision.
E.K. was hit in the mouth by a club swung by another camper, and sustained mouth injuries and lost several of her baby teeth. Her parents sued, among others, the YMCA, the girl who made the errant swing, the PGA, and Nallen.
The New Jersey Golf Association, the state-level charitable arm of the PGA, had hired Nallen to work the camp and paid him $2,700, the ruling said.
E.K.'s attorney, William Caldwell of Clinton's Carter, Van Rensselaer & Carter, was not immediately available for comment, and the status of E.K.'s claims against the YMCA was not clear.
In the lawsuit, E.K.'s parents—Seung Yon Choi and Gerald Keane—alleged that the PGA should be held liable since its logo figured prominently on the camp's brochure and Nallen was one of its members.
O'Neill said, and the appeals court judges agreed, that the PGA was not liable since it did not retain Nallen to work at the camp and apparently did not know its logo had been used on the brochure.
The fact that Nallen was a professional golfer and had competed in professional events did not create a tie between him, the PGA and the camp, the appeals court said in the per curiam ruling.
“Plaintiffs seek to impose liability on the PGA based on the use of the PGA logo and references to the PGA in the YMCA's summer camp brochure,” the panel said, but there was “no evidence the PGA was involved in any aspect of the planning or administration of the YMCA's camp.”
The attorney for the PGA and Nallen, Jeffrey Savage of Parsippany's Cascio & Capotorto, in-house counsel for Zurich North America, declined to comment on the ruling.
The Professional Golfers Association of America cannot be held liable for injuries sustained by a 5-year-old girl who was attending a summer golf camp where one of its member pros was an instructor, a New Jersey appeals court ruled on Wednesday.
A two-judge Appellate Division panel, in an unpublished decision, agreed with a trial judge that there was no credible evidence to conclude that the PGA, which has more than 29,000 members who classify themselves as golf pros, had any involvement in the incident that caused the young girl's injuries.
Appellate Division Judges Joseph Yannotti and George Leone agreed with Hunterdon County Superior Court Judge Michael O'Neill that the negligence claims against the Florida-based PGA should be dismissed on summary judgment.
The child, identified only as E.K., was injured on July 27, 2013, while attending a summer golf camp run by the Hunterdon County YMCA. The camp's brochure had the PGA logo on it and a member, Chris Nallen, was one of the instructors, according to the decision.
E.K. was hit in the mouth by a club swung by another camper, and sustained mouth injuries and lost several of her baby teeth. Her parents sued, among others, the YMCA, the girl who made the errant swing, the PGA, and Nallen.
The New Jersey Golf Association, the state-level charitable arm of the PGA, had hired Nallen to work the camp and paid him $2,700, the ruling said.
E.K.'s attorney, William Caldwell of Clinton's Carter, Van Rensselaer & Carter, was not immediately available for comment, and the status of E.K.'s claims against the YMCA was not clear.
In the lawsuit, E.K.'s parents—Seung Yon Choi and Gerald Keane—alleged that the PGA should be held liable since its logo figured prominently on the camp's brochure and Nallen was one of its members.
O'Neill said, and the appeals court judges agreed, that the PGA was not liable since it did not retain Nallen to work at the camp and apparently did not know its logo had been used on the brochure.
The fact that Nallen was a professional golfer and had competed in professional events did not create a tie between him, the PGA and the camp, the appeals court said in the per curiam ruling.
“Plaintiffs seek to impose liability on the PGA based on the use of the PGA logo and references to the PGA in the YMCA's summer camp brochure,” the panel said, but there was “no evidence the PGA was involved in any aspect of the planning or administration of the YMCA's camp.”
The attorney for the PGA and Nallen, Jeffrey Savage of Parsippany's Cascio & Capotorto, in-house counsel for
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