Scott Fairley, Partner, posted May 1, 2012
(Note: This post was originally published in SNAP magazine - This article is the first contribution by the lawyers of Barriston LLP to a SNAP column entitled: 'The Brighter Side of Law', intended to deal with situations of interest, or to show that truth is stranger than fiction. This article fits into the latter category.)
Many readers have been in a situation in which a friend engages in an ill-advised act that narrowly averts disaster, resulting in laughter and stories that start with: ‘Remember that time you….’. However, these stories can end badly and in front of the courts. In a Nova Scotia case, one such prank ended in a court battle.
Four friends went golfing for a pre-wedding celebration. In the words of the court: “They brought an inventory of Baja Rose tequila, marijuana and Wildcat beer…By the sixteenth hole, the Defendant had consumed nine beers and half a pint of tequila.” Hence, the subsequent ‘Happy Gilmore Shot’, a shot by which the player hits the ball while on the run. This shot was made famous by the movie Happy Gilmore, and has been tried by most people who have seen the film.
In this case, the Defendant hit his tee shot, and then another, following which the remainder of his foursome walked ahead. When they were a short distance ahead, the Defendant attempted a Happy Gilmore shot. The unsuspecting Plaintiff looked back to see the Defendant taking a run at the ball and striking it. He had a millisecond to react, but the ball hit his wrist, glanced off, and hit him in the chest.
The Plaintiff sued for damages, resulting in an award of $227,000.00. The court held that, while golfers accept some inherent risks, “the Defendant’s behavior was not among the natural risks of golfing to which the Plaintiff can be said to have consented.” Of note for those who are contemplating a swing change, the court found that a Happy Gilmore shot is less controllable than a normal shot.
Although intended to be funny, this prank ended badly. Rather than laughing and reminiscing, these friends tell stories that start with: “Remember that time you hit me with a golf ball, I sued you, and you still owe me money?” With the golf season upon us, keep in mind that you try a Happy Gilmore shot at your own peril.