Golfer wins appeal over payment to man hit by ball

Niddry Castle Golf Club in Winchburgh. Picture: Contributed
Niddry Castle Golf Club in Winchburgh. Picture: Contributed
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A GOLFER who injured another player with a wayward shot has won an appeal to make his club pay the vast majority of nearly £400,000 damages.

Anthony Phee, 45, of Sale, Manchester, lost an eye in the accident at Niddry Castle Golf Club, Winchburgh, West Lothian, in 2007.

He was walking on a path alongside a fairway when he was struck by a ball driven by James Gordon, of Livingston.

A judge ruled that Mr Gordon had been at fault in hitting his drive when he had seen Mr Phee on the path, and also criticised the club for a lack of any warning signs. Lord Brailsford said at the Court of Session in Edinburgh that, through their insurers, Mr Gordon should meet 70 per cent and the club 30 per cent of a £397,000 damages award.

However, three appeal judges, Lords Clarke, Hodge and Philip, have decided the “lion’s share” of blame rested with the club, and they changed the percentages to 80 per cent to the club and 20 per cent to Mr Gordon.

Mr Phee lost his job as a railway engineering supervisor because of his injury. He had been working on a project at Waverley station when he agreed to a round of golf with colleagues.