Case details

Disc golf maker claimed it was not involved in course design

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
blindness, impairment, one eye, sensory, speech, vision
FACTS
On Aug. 26, 2012, plaintiff Noreen Goodbody, 55, an analyst for Southern California Gas Co., was at Polliwog Park, near the corner of Redondo Avenue and Manhattan Beach Boulevard, in Manhattan Beach. She was watching her daughter participate in Mira Costa High School’s annual watermelon run, an event where about 70 to 80 cross-country students would participate in a run within the 18- to 20-acre mixed-use local park. Several years before the event, in 2004, Mira Costa High School’s student organization for disc golf asked the city of Manhattan Beach and Champion Discs Inc., a maker of flying discs, to install a course in the park for disc golf, also known as Frisbee golf or frolf, a flying disc game in which individual players throw a flying disc at a target. Champion had talks with the city and facilitated the sale of equipment by way of disc golf baskets that would be installed in the park. The baskets would be used as goals with the flying discs meant to be thrown into them with the least amount of shots. After consulting with Champion, the city had a risk management team review, and finally approve, the course. As a result, the course was installed with nine baskets in July 2005. During the watermelon run in 2012, families would watch on the sidelines and Goodbody was positioned in front of a tree, the same spot she stood during the event the year before. However, while she was watching a practice run, she was struck in the left eye by a disc golf disc. Goodbody sued the city of Manhattan Beach and Champion Discs Inc., which was doing business as Innova Champion Discs Inc. Goodbody alleged that the defendants were negligent in the design and installation of the disc golf course. The disc golf player who threw the flying disc that struck Goodbody’s eye was not sued, and the city agreed to a $3 million settlement with Goodbody prior to trial. Thus, the matter continued against Champion only. Plaintiff’s counsel argued that the disc golf course should never have been installed. Counsel contended that the course should not have been installed in a mixed-use park and that Champion should have had superior knowledge about the risks of disc golf. Counsel also contended that Champion should have recommended against the installation of the course in the park or, at minimum, had fewer baskets installed and/or had the baskets installed in different locations. Champion contended that it merely sold the disc golf equipment (baskets and discs) and that it did not ‘design’ the disc golf course nor did it install the baskets. It also contended that the city had a risk management team that oversaw the approval of the course and that the city could have hired a third-party consultant to design a disc golf course. Champion further contended that the city maintained the course from 2005 to 2012. In addition, Champion contended that the disc thrower was 30 to 40 feet away from Goodbody when the disc was thrown and that, per disc golf etiquette, the thrower should not have thrown the disc that struck Goodbody., Goodbody was struck in her left eye by a flying disc. She was subsequently driven by her husband to the emergency room at Manhattan Beach Urgent Care, in Manhattan Beach, and then followed up with the Jules Stein Eye Institute, in Los Angeles. Goodbody underwent three procedures to her left eye, but she ultimately lost all vision in that eye. Goodbody continues to work, but she claimed that her vision issue may cause her to retire early. Defense counsel noted that Goodbody only sought recovery for general damages for the loss of her eyesight to her left eye. As jury was deliberating, the parties established a $750,000/$175,000 high/low agreement, with the amount to be adjusted based on the finding of liability.
COURT
Superior Court of Los Angeles County, Long Beach, CA

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