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Richardson et ux v. Mahar

Case Conclusion Date: 03.23.2001

Practice Area: Personal Injury

Outcome: $100,000.00 settlement

Description: Richardson, 54, was golfing with Mahar and two others. Mahar was driving a cart provided by the golf course. As the golfers were looking for a lost ball, Mahar put the cart into reverse and backed over Richardson's left foot. Richardson was thrown to the ground and suffered a broken left tibia and fibula, requiring a permanent plate and screw fixation. He incurred medical expenses of about $11,000 and now walks with a slight limp. A self-employed lease financing broker, Richardson suffered no significant income loss because of the injury. An avid golfer, Richardson must now pay to rent golf carts rather than walking the course. His golf handicap increased significantly. Richardson and his wife sued Mahar, alleging that Mahar had failed to maintain a proper lookout and operated the cart without regard for the safety of bystanders. Richardson's wife claimed loss of consortium. Defendant responded that Richardson failed to show adequate care when he walked into the path of the cart as it backed up a distance of 90 feet with the backup beeper sounding. A third member of the group, however, testified at deposition that the cart had actually backed up just a few feet and had left the cart path where it was supposed to be.

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