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John Reitman

By John Reitman

$5 million lawsuit targets golf course over errant shots

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Type the words "golfers are . . ." into Google and a flood of unflattering modifiers auto-populate in the results. Apparently, there are people who believe that golfers are "not athletes," but feel pretty strongly that they are "pricks, douchebags, selfish and rude."

It's hard to argue with any of that, but one description that did not pop up in the latest Google search was "golfers are . . . terrorists."

That might change after a jury awarded nearly $5 million in damages to Erik and Athina Tenczar, who claimed they have been terrorized by hundreds of golf balls launched toward their home along Indian Pond Country Club in Kingston, 35 miles south of Boston. 

The headline in the original story in the Boston Globe read: "Family terrorized by golf balls wins nearly $5 million from neighboring country club."

The plaintiffs bought their home on the par-4 15th fairway in 2017 and soon realized just how bad some of the golfers at Indian Pond are at hitting fairways in regulation. During the course of four years, the plaintiffs say about 700 golf balls either crashed into their home, breaking windows, denting siding, damaging their deck and left the couple's children clad in bicycle helmets to protect themselves from incoming fire while playing outdoors.

They filed suit after repeated calls to the golf course and police resulted in no help.

"When it hits, it sounds like a gunshot," Athina Tenczar said. 

"We're always on edge," said her husband.

A jury awarded the homeowners $3.5 million in damages. Including interest, the award totals $4.9 million, or about $7,000 per golf ball. And you thought 50 bucks for a dozen Pro V1s was a ripoff!

A jury awarded the homeowners $3.5 million in damages. Including interest, the award totals $4.9 million, or about $7,000 per golf ball.

Whether the court's decision is upheld in appeal remains to be seen, but this is by no means the first time a golf course has been sued by those feeling like their home is being used for artillery practice. In fact, it's not even the first case in Massachusetts. 

Here are just a few other examples of homeowners suing golf courses over the intrusion of errant shots.

Another Massachusetts homeowner filed suit in 2005 against Middlebrook Country Club in Rehoboth, when she claimed golfers pelted her yard and house with 1,800 golf balls during a five-year span. The plaintiff in that case was awarded an undisclosed amount.

In 2008, a court issued a restraining order that temporarily banned play on the No. 6 hole at Winged Foot in Mamaroneck, New York, which has been the site of six U.S. Open Championships and a PGA Championship. 

Homeowners in Ventura County, California, moved out of their home and demanded a professional relocation service refund their purchase price of their home on Spanish Hills Country Club in Camarillo, after complaining of more than two-dozen golf balls per day landing in their yard or bouncing off their $2 million house on the seventh fairway.

In the case of Indian Pond and the $4.9 million payout, the plaintiffs said getting the courts involved was the last thing they wanted.

"We never wanted a lawsuit," said one-half of the couple looking to collect on $4.9 million. "Nobody wants a lawsuit."

An appeal most assuredly awaits in what is not the first case of homeowner vs. golf course. And with juries handing out seven-figure awards, it won't be the last.






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