Donegal spectator hit by golf ball may get retrial
The High Court dismissed Colm Campbell’s action last June - although a retrial has been urged
A spectator from Donegal who lost a High Court action having been knocked unconscious by a ball at a golf competition may be in line for a retrial.
Colm Campbell, 65, from Donegal town was hit by a stray ball by golder Kevin Le Blanc, who it was alleged failed to shout “fore” at the West of Ireland Championship at Sligo’s Rosses Point in March 2016.
Last June, the High Court dismissed Campbell’s action, stating he was not paying attention and in conversation with friends when the ball was struck. They added that spectators have an understanding of the sport and should take the necessary precautions.
Campbell said he was in constant pain and his life had changed since. He had sued Le Blanc, an amateur player at the time but has since turned pro from Donabate, Dublin, as well as County Sligo Golf Club and the organisers of the competition, The Golfing Union of Ireland (GUI).
In her judgement, Ms Justice O’Hanlon said golfer Kevin LeBlanc, who gave evidence, was “most impressive, understated but very honest and very credible.
“The situation on the ground of this championship was that to a great extent they were self-regulating and self-policing spectators. All spectators were deemed to have been knowledgeable of the game of golf and would be reasonably expected to take care of their own safety accordingly.”
In his appeal, Jonathan Kilfeather SC, for Mr Campbell, told the Court of Appeal yesterday the High Court decision should not stand. Counsel said it was their case the golfer was responsible for what happens to the golf ball after it is struck and to take "minimal steps" to ensure the safety of others. The three-judge court said it hoped to give its decision in, at most, four months’ time.