The Court of Sessions in Edinburgh is currently hearing a claim for being blinded by a golf ball, in which the claimant suffered a traumatic rupture of the right eye after being hit in the face on the Leven Links golf course.
David McMahon (70) from Leven in Fife was acting as a ball watcher during the Scottish Amateur Champion of Champions competition in April 2009 when he was hit in the face by a golf ball which had been struck by 28-year-old Gavin Dear of Scone in Perthshire.
Mr McMahon alleged in his claim for being blinded by a golf ball that Mr Dear had not shown reasonable care prior to playing his approach shot to the sixth green and should have been aware that he was in the path of the shot, having just moved two spectators who had strayed onto the perimeter of the sixth fairway from the path.
Mr McMahon, giving evidence to Lord Jones at the Court of Sessions, said that there had been no warning shout of “fore” or he would have gone to ground to prevent his injury from occurring.
In his defence, Gavin Dear stated that neither he nor the two players who were accompanying him saw Mr McMahon or the two spectators and, although he noticed a golf buggy by the side of the course, proceeded to take his shot due to the lack of any activity in its vicinity.
Solicitors representing Mr Dear argued that he acted at all time with reasonable care and denied the claim for being blinded by a golf ball. They alleged that it was only after the ball was struck that Mr McMahon emerged without warning from behind the golf buggy.
The case continues in the Court of Sessions.