North Carolina  |  Personal Injury

Legal Question

Asked on: 4/01/05, 2:07 pm

golfball dilema

While driving home on city street that is right next to hole #7 City golf course, my truck was hit by golf ball from City golf course. $500 damage. Found golfer, golfer won't pay. Got a sm. claims judgement for $500 against golfer. Small claims cost $425.00. Still dent in truck. Out a total of $925.00. So, I have a lean on his property. Woopie. This guy ain't sellin' his trailor anytime soon.

City Ins. adjuster says they are not liable and quoted ''Everett vs goodwin 1931'', NC supreme court. When golf course was built (1949,) the road next to the course was an existing farm road on a farm that the golf course was built on. The City grew and paved the road which became a major thoroughfare. City golf course worker was quoted ''we average one hit every other week (per year) mostly concentrated in the summer months.

Is the City liable since they created the hazard by paving the old dirt road?

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