Riverbend Golf Club Case Study

Improved Essays
turn around”. He states that “Brittney Baltzell got the hint and it wasn't until she said something that Defendant Lee Ricks, IV turned around”. He states that Lee Ricks, IV decreased his speed from approximately 20 miles per hour to switch the Jeep into reverse and that when Lee Ricks, IV thought he put the vehicle in reverse “he punched the gas and accelerated over the cliff into the gorge”. According to his interrogatory answers, he was under the impression that Lee Ricks, IV had ownership interest in the property.

Photographs and videos produced by the Plaintiffs depict a chain across a “roadway” that intersects the cart path of the golf course. It is our understanding that the chain was not up on the evening in question. However, even if the chain had been up, there are other ways to
…show more content…
As to Lee Ricks, IV, the Plaintiffs assert claims for negligence and gross negligence and allege that “Defendant Ricks was significantly impaired by hours of drinking alcohol . . . had no business driving a motor vehicle with passengers on a dark golf course” and further failed to keep a proper lookout, failed to turn and avoid a known hazard, failed to timely apply brakes to avoid dropping off the gorge, and drove while intoxicated.

As to the Riverbend Defendants, Plaintiffs allege premises liability causes of action. The Plaintiffs allege that a “two-track road” runs from the subdivision through the golf course and dead ends into the San Antonio River gorge. The gorge is concealed by brush and trees. There are no warning signs warning drivers of the existence of the gorge in the area where the accident occurred. There are no barriers to prevent a vehicle from dropping off the gorge. The two-post chain barrier was “wide open” on the date of incident, exposing the dangerous condition to the public and alleged invitees such as

Related Documents

  • Improved Essays

    Noah Count was driving his Ford Escape home from a bar, when he struck a tree and the passenger compartment collapsed causing him serious injured. He sued Ford on the grounds that his car was not crashworthy, and he sued the bar for selling him the alcohol. Unfortunately, Noah Count had a blood alcohol content of 0.15%, which is twice the legal limit. In all states, the legal limit is defined as 0.08% (DUI & DWI in South Carolina, n.d.).…

    • 476 Words
    • 2 Pages
    Improved Essays
  • Decent Essays

    Maussner v Atlantic City Country Club 691 A.2d 826 (1997) Facts of case- The plaintiff (golfer) was playing golf with his friends, but then it started to rain and not just raining but thundering as well. He and his friends were making their way back to the golf course when the plaintiff and his friend got struck by lightning on the defendant’s (golf course owner and operators). The plaintiff and the friend managed to live, but the plaintiff was left with serious injuries. The plaintiff then proceeded to sue the owner of the golf course for negligence because the golf course had no shelters for him to take cover, the safety procedures for thunderstorms were put up after the defendant got struck by lightning as well as there were no devices…

    • 425 Words
    • 2 Pages
    Decent Essays
  • Great Essays

    Plaintiff at trial was Cellco Partnership, now Appellant. Defendant at trial, Shelby County, now Appellee. Facts: Cellco Partnership, Appellant, originally entered a lease agreement in 1995 with Cellco Partnership (Verizon) allowing an easement to Stonebridge Water Tower. In 2000, Highway 64 learned that Verizon had installed cellular equipment on Stonebridge Water Tower and accused them of trespassing and threatened to file a suit against them. In 2001, Verizon (Cellco Partnership) filed a complaint against Shelby County and Highway 64 seeking a declaratory judgement stating the Verizon has the right to use the gravel access road or a declaratory judgement stating that Shelby County must provide Verizon with access to Stonebridge Water Tower, security from Shelby County to cover liability Verizon incurred from third parties as a result of a breach of the Verizon Lease, and an injunction…

    • 549 Words
    • 3 Pages
    Great Essays
  • Improved Essays

    Ct. App. 1998). Plaintiff injured his foot jumping into the Creek and cited the $2 as a charge that would waive the immunity granted by KRS 411.190. Id. The Court disagreed holding that the fee was not a fee to enter onto the land and to use the park for recreational purposes, but instead was a fee to park in that parking lot.…

    • 945 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Although the officers saw the subject staggering in the parking lot for several minutes, they did not take the individual into custody. Without the officers’ knowledge, the subject left the parking lot in a motor vehicle. The officers left the nightclub and about ten minutes later they came upon two vehicles on fire. The drunk driver had struck the plaintiffs vehicle, causing a serious accident. The trial court…

    • 750 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Del Lago Partners Case

    • 787 Words
    • 4 Pages

    The Texas Supreme Court case involving the Del Lago Partners, Inc., and Del Lago Partners, L.P. vs. Bradley Smith has to do with a group of fraternity brothers and a wedding party in a bar. An altercation ended up occurring once the wedding party entered the bar later in the night. According to the case details, some members of the wedding party grew angry as a result of a few of the fraternity members fraternizing with some of the ladies who came with the wedding party. An argument ensued and eventually, members of the wedding party got into a physical altercation with members of the fraternity.…

    • 787 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    James Hitesman was a registered nurse and shift supervisor at Bridgeway, Inc, nursing home. He displayed concerns to management about that amount of infectious diseases within the nursing home. He claimed that the incidents of infections were rising at a disturbing rate. The management did not take care of the situation as he desired. Therefore, he told a television reporter about the problems in this nursing home.…

    • 1276 Words
    • 6 Pages
    Improved Essays
  • Decent Essays

    I wanted to reach out to all of you in regards to the Big Katz Golf Outing July 29th. It is coming soon and we to start wrapping some things up. Frank sent out an email on May 26th with the sign up information as well as the golf flyer. The fundraisers coming up will be important in helping out 12U Katz get to Cooperstown and help reduce the per player cost. I do understand that some parents might not want to participate in all the fundraising and that is fine.…

    • 647 Words
    • 3 Pages
    Decent Essays
  • Improved Essays

    Gordon Lakes Golf course is a 27 hole championship golf facility, housed on Fort Gordon U.S. Army base, with a current population of nearly 9,000 troops and their families. Gordon Lakes provides one of the best golfing experiences in all of the DFMWR and armed forces' facilities. Fort Gordon and the surrounding areas have a large golf community that give the unique opportunity to play year round. Gordon Lakes does more than 42,000 rounds of golf, and slated to surpass that with recent additions for juniors and women. GLGC now have a Jr. PGA program and currently a satellite site for The First Tee of Augusta.…

    • 339 Words
    • 2 Pages
    Improved Essays
  • Decent Essays

    I am writing to you because of my interest in playing collegiate golf and continuing my education at a Christian university. I have been raised in a Christian family and have a personal relationship with Christ. Lipscomb caught my attention because it is a faith based university with a competitive Division I golf team. I have read about your team and followed your success at regionals and the national championship the past 2 years. I have also read about your new Frost Short Game Facility and it looks like a great addition to the program.…

    • 201 Words
    • 1 Pages
    Decent Essays
  • Decent Essays

    Del Webb opened Briarwood golf course and clubhouse in 1983 and 1985 respectively. He hoped to provide members a unique environment for golfing and socializing to members. Webb certainly achieved his dreams as Briarwood Country Club in Sun City, West Arizona is considered to be the friendliest place for people to relax, connect and enjoy life’s beautiful offerings. The golf course itself features tree lined fairways as well as tees ranging from 6600 to 4553 yards as created by the renowned Gregg Nash.…

    • 415 Words
    • 2 Pages
    Decent Essays
  • Superior Essays

    Niles Case Study

    • 1594 Words
    • 6 Pages

    The injuries sustained in the Niles v City of San Rafael were foreseeable. The injuries resulted from the commission and the omission of act from the defendants. There was negligence in the city’s supervision of the school playground and medical malpractice at Mt. Zion Hospital. The medical negligence was nonfeasance meaning there was a failure to act when there is a duty to act as a reasonability to safeguard a person rights. The Plaintiff was an innocent party whom rights were violated by the defendants.…

    • 1594 Words
    • 6 Pages
    Superior Essays
  • Improved Essays

    The concept behind civil lawsuits stems from being able to settle disputes between individuals, as well as individuals and organizations. While a majority of civil cases are considered to be serious and often times crucial in effectively and efficiently resolving an issue, there have been quite a few frivolous cases that have had startling outcomes that result in a court ruling in favor of the plaintiff rather than dismissing a “ridiculous” case altogether. Norman versus Honda of America Manufacturing is a prime example of what is considered to be a bizarre case. The Norman V. Honda of America Manufacturing case involved a young lady named Karen Norman, whom along with a friend, were in her four-door 1991 Honda civic vehicle, in which Karen was in the driver’s seat trying to back her car up to leave and accidentally backed down a boat ramp and into the water in Galveston Bay.…

    • 627 Words
    • 3 Pages
    Improved Essays
  • Great Essays

    In Louisiana, Lillie would be able to recover under Louisiana Civil Code article 2315, which states in pertinent part “Every act whatever of man which causes damage to another obliges him by whose fault it happened to repair it.” La. C.C. 2315 allows someone who has been wronged, to be compensated for the damage caused to him or her. In order to recover under La. C.C. art. 2315, an intentional tort must have been committed. In the present case, Joe has committed the intentional tort of battery. A battery is defined as harmful or offensive contact with a person, resulting from an act intended to cause the plaintiff to suffer such a contact.…

    • 1778 Words
    • 7 Pages
    Great Essays
  • Improved Essays

    The court will most likely find that Davila Grocery Store had actual constructive knowledge of the mop water and therefore liable for premises liability. In order to establish constructive knowledge, the object that may pose harm must be there for an extended period of time. The extended period of time must be reasonable in that there was sufficient time for the risk of harm to be removed. The court will rule in favor of Ms. Pedroza due to the substantial length of time that the mop water was left on the entrance, enough time for a reasonable person to check on it and determine its probable risk in causing harm.…

    • 953 Words
    • 4 Pages
    Improved Essays