CHARLESTON – A Cabell County plaintiff’s attorney says the gross negligence of a member of his golfing foursome caused him to be hit in the eye with a golf ball.

Victor Navy filed his lawsuit Aug. 15 in Kanawha Circuit Court against Charleston resident Bill L. Abbott and Sugarwood Golf Club.

Navy, who lives in Huntington and has a law office in Barboursville, was playing golf in a foursome at Sugarwood in Wayne County on Aug. 18, 2012, with Abbott and two others. The foursome was on the 10th hole when the incident occurred.

“Three of the four golfers in the foursome had reached the green … Abbott being the lone member of the foursome who had not yet reached the green,” Navy writes in his complaint. “Abbott was approximately 50 yards off the green … while the other three golfers in the foursome were on the putting surface.

“Abbott instructed the other three golfers in the foursome … to ‘putt out’ which the other three golfers … understood to mean finish playing the hole.”

Navy says he putted the ball in and bent over to retrieve his ball from the cup.

Navy “took two steps from the hole when another member of the foursome, who was standing beside plaintiff … shouted … ‘watch out!’”

Navy says he then was struck in the left eye by the ball Abbott had hit from nearly 50 yards away. He claims he sustained severe and permanent injuries and has suffered severe emotional distress

Navy claims Abbott negligently hit his golf ball and knew or should have known of the possible danger. He says Abbott’s conduct of hitting the ball while others were on the green “was reckless and an extreme departure from the ordinary standard of conduct in context to the situation and constitutes gross negligence.”

Navy names Sugarwood as a defendant, claiming it “failed to warn plaintiff of the dangers presented by patronizing (the) golf course” and “failed to warn and advise players as to the rules and regulations regarding players conduct and etiquette while playing at (the) golf course.”

Navy seeks compensatory damages for pain, suffering, sorrow, mental anguish, solace, annoyance, aggravation, inconvenience, loss of usual pursuits, medical care, treatment, hospitalization, lost wages as well as past and future medical expenses. He also seeks punitive damages and other relief. He also seeks interest, court costs and expenses.

Navy is representing himself, and the case has been assigned to Kanawha Circuit Judge Jim Stucky.

Kanawha Circuit Court case number 14-C-1475

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