A Canadian man claims he permanently lost vision in his right eye after he was struck by an errant tee shot while playing golf at a prestigious resort in Lake County, alleging he was parked on a golf cart path that the business knew to be susceptible to “crossfire.”
Brian Richmond and his wife, Kristel, filed the lawsuit against SJ Mission Inn, LLC, which does business as Mission Resort & Club, in the Fifth Judicial Circuit Court of Lake County on August 8.
The Richmonds, who are from Canada, visited the Mission Resort & Club in November 2023. Located at 10400 CR 48 in Howey-in-the-Hills, the resort features two 18-hole golf courses, dining, lodging, and several amenities for guests.
On November 3, 2023, Mr. Richmond claims he was playing a round of golf with his brother “and others” at the El Campeón golf course on the property.
While his brother was replaying a shot that he hit “into the water hazard” on the eighth hole, Richmond says he was “stationary in a golf cart” that was parked “on the cart path adjacent to the drop zone area.”
As his brother was setting up, Richmond claims he was struck in the eye by a “ball that veered left” from a golfer on the ninth hole tee area.
The impact on Richmond’s right eye caused “catastrophic injuries,” according to the complaint, including a traumatic ocular injury that resulted in a “complete and permanent loss of vision.”
Richmond’s attorneys allege that their client was parked in a “customary and reasonably foreseeable location for a golfer to be while a playing partner replayed a shot.”
They further allege that the business knew golfers “routinely used the area adjacent to the 8th hole water hazard to replay shots,” and that it either “designated the area adjacent to the 8th hole water hazard as a drop zone” or knowingly permitted its use “in that manner,” despite the “known risk of crossfire from the ninth tee.”
“[Mission Resort & Club] failed to implement reasonable safeguards, including physical barriers, signage, course design modifications, or other measures to prevent injury or warn invitees such as [Mr. Richmond] of the foreseeable risk of injury,” according to the complaint.
Richmond’s attorneys accuse the business of negligence, of “failing to implement safety measures,” and of failing to “warn of the danger,” despite having “actual or constructive notice.”
They allege the company breached its duty to its customers by “designing, constructing, and/or operating the eighth and ninth holes in a configuration that created a foreseeable crossfire hazard.”
“[Mission Resort & Club] further breached that duty by failing to modify, reconfigure, or otherwise alter the layout and flow of the course, or to implement any protective safety measures, despite having actual or constructive knowledge of the foreseeable risk,” reads the complaint.
The lawsuit claims the “negligent design, construction, and/or operation of the course,” is what led to Richmond’s “serious and permanent injuries,” including the complete loss of vision in his right eye.
The complaint also cites a count of “loss of consortium” for Mrs. Richmond, referring to a loss of Mr. Richmond’s “companionship, society, affection, services, and consortium,” as a result of the incident.
The Richmonds are seeking compensatory damages in excess of $50,000, exclusive of interest, costs, and attorneys’ fees. They are represented by Tonelli Law of Winter Park.
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