Court reinstates suit of roofer hit by golf ball ( South Carolina )

[MORTARDUDE]

http://www.thestate.com/mld/thestate/7553941.htm

Court reinstates suit of roofer hit by golf ball
Man says he was disabled when errant shot hit him in the head
By RICK BRUNDRETT
Staff Writer

A state appellate court Monday revived the lawsuit of a roofer who says he became disabled when struck by a golf ball while working on a home next to a golf course.

A three-member panel of the S.C. Court of Appeals unanimously said Wayne Schmidt?s case is unique, and that Circuit Court Judge R. Markley Dennis Jr. acted too quickly in dismissing the Berkeley County suit before a jury could hear it.

?We find it extremely troubling this case was resolved on a summary judgment basis, especially considering the injury to Schmidt and the novel issue involved in this case,? Judge Ralph King Anderson Jr. wrote for the panel.

Schmidt in court papers said he suffered permanent brain damage when struck in the head by a golf ball in August 1998 while roofing a house under construction next to the Crowfield Golf and Country Club in Goose Creek.

A co-worker grabbed the then-34-year-old Schmidt, preventing him from falling off the roof, his lawsuit said.

The Summerville-area man has ?horrendous? ringing in his ears, dizziness, blackouts and balance problems, his lawyer, Joseph Kent of Mount Pleasant, said Monday. Schmidt, who is married with three children, no longer works because of his injury, Kent said.

Schmidt received some workman?s compensation for his injuries, Kent said. Schmidt could not be reached Monday.

His suit contends that Kemper Sports of Crowfield Inc. poorly designed part of its golf course, located in an upscale residential development known as The Hamlets. The design likely results in a ?very high percentage of errant shots? in the residential section where Schmidt was hit, Kent said.

Officials at the golf course or their lawyers could not be reached Monday about whether they might appeal the case to the S.C. Supreme Court.

Golfer Michael C. Courtney, the Lowcountry engineer whose ball allegedly struck Schmidt, also is named in the suit, though Kent described him as a ?pretty good golfer.? Courtney?s shot was hit from about 100 yards away, Kent said.

Kent predicted similar lawsuits elsewhere in the state, given the popularity of golf and the proliferation of golf course communities.

?When you take this explosion in the industry and these new Titanium drive-them-to-Mars golf clubs, then you?ve got a problem,? he said. ?They all can be Tiger Woods, but they just don?t know where the balls are raining.?

Reach Brundrett at (803) 771-8484 or rbrundrett@thestate.com.