Inept rookie golfer told to chip in $89,000 damages
A wayward golfer whose ball could have travelled in 'virtually any direction or height' was yesterday ordered to pay a caddie he injured $89,000 damages.
Lee Chi-ming's golf ball hit Chau Fung-yee in the mouth with a wayward shot on December 12, 1996, at Hong Kong Golf Club in Fanling. He was playing the game for the first time.
Ms Chau, 38, was left with 'very faint scars on her lip extending above the lip line which are of minimal cosmetic significance', said Mr Justice Conrad Seagroatt in the Court of First Instance. 'I accept that for a woman, any degree of scarring is regarded more often than not with concern. She should be assured that it can be seen only on close examination and even then one has to look for it.' However, Ms Chau 'has lost a pleasant outdoor occupation which gave her a good deal of freedom and enjoyment for which she is entitled to be compensated'.
Mr Justice Seagroatt awarded her $88,970 plus interest. Ms Chau would have been awarded $133,456 but for contributory negligence for which the judge held her one-third responsible for the accident.
Mr Lee was playing with two colleagues and Ms Chau, a part-time caddie for about three years, was assigned to him. 'Whatever his experience, it quickly became apparent that his ability was severely limited,' Mr Justice Seagroatt said.
Mr Lee took seven attempts to hit the ball at one stage and did not even bother to hole out when he reached the first green before proceeding to tee off for the second hole. The judge noted it had taken Mr Lee 10 to 20 strokes to reach the green on the first hole before he gave up.