Caddie Sued - Seeking More Than $30,000 in Damages,
Posted on the 11 April 2020 by Sampathkumar Sampath
Insurance
is all about exposure, the probability of peril occurrence, the extent of loss
or damage it can cause, requirement of
an individual or entity … Imagine a new showroom being opened – there would be
need for insuring the property inside, the furniture, fixtures, electrical
installations, the building itself, personal insurances for the staff and
visitors, liability insurance ! and more - I never
imagined of this type of claim ! atleast
in India.
We are
fond of Cricket, follow to some extent other sports like – Kabaddi, Hockey,
Tennis, Football, Badminton, Table tennis, Racing, Carrom and …. …. Can you
identify this woman who is ranked no. 1 presently ?
Golf is a
club-and-ball sport in which players use various clubs to hit balls into a
series of holes on a course in as few strokes as possible. Golf, unlike most
ball games, does not utilize a
standardized playing area, and coping with the varied terrains encountered on
different courses is a key part of the game. The game at the usual level is
played on a course with an arranged progression of 18 holes, though
recreational courses can be smaller, often having nine holes. Besides the player, there is Caddie – a helper
who carries a player's bag and clubs,
and gives insightful advice too !
Other than Motor
vehicles insurance, Property and Marine Insurance, there is Liability insurance
– that branch which protects an individual or business from the risk that they
may be sued and held legally liable for something such as malpractice, injury
or negligence. Liability insurance policies cover both legal costs and any
legal payouts for which the insured would be responsible if found legally
liable. Intentional damage and contractual liabilities are typically not
covered in these types of policies.
‘liability’
(n) isone of the most significant words
in the field of law, and a complex subject in Insurance. Liability means legal
responsibility for one's acts or omissions. Any loss or damage caused by a
negligent act of a person / Firm exposes them to public liability and cost of
litigation as also the cost of such liability suit will be covered in a
liability insurance policy.
One common example
is the Act Policy [Third Party Liability policy] in Motor vehicle Insurance.In India, as prescribed in the Motor Vehicles
Act, every vehicle owner must have a policy covering the liability that might
arise out of the use of the motor vehicle in a public place. Employers
liability, also known as Workmen Compensation is another where the Employer has
liability to their employees for death / injuries ‘arising out of and in the
course of employment’.
The liability related suits, other than those of
motor accident victimsare not very high
in India and there have not been many complex situations also as compared to
some litigant practices in Western countries. Read this interesting news of a liability suit
in MailOnline.A
Florida man has filed a lawsuit against Tiger Woods and his caddie Joe LaCava
alleging he sustained injuries after LaCava shoved him when he tried to take a
selfie with the golfer in the background at a tournament in 2018.
According to the
civil complaint, which was filed in Pinellas County, Florida, Brian Borruso
alleges the incident took place during the third round of the Valspar
Championship at Innisbrook after Woods's tee shot landed near him. Borruso, who
is seeking more than $30,000 (Rs 23 lakhs approx.) in damages, says he stumbled
and fell into the crowd of spectators after being shoved by LaCava, ultimately
causing injuries he described in the lawsuit as 'permanent or continuing.'
Tiger Woods, who
was competing in only his fourth PGA Tour event after a long layoff following
spinal fusion surgery in April 2017, was named as a defendant because he
employs Joe LaCava (left), who last year was inducted into the Caddie Hall of
Fame.
'Brian Borruso
suffered injury and damages including, but not limited to, bodily and mental
injury, and resulting pain and suffering, disability, disfigurement, mental
anguish, loss of capacity for the enjoyment of life, expenses of
hospitalization, medical and nursing care and treatment, loss of ability to
earn income, and aggravation of previously existing condition,' read the
filing, obtained by the Daily Mail. 'The losses are either permanent or
continuing.'There is some video of the
moments leading up to Borruso being shoved, although the plaintiff is not
visible in the footage. LaCava can be
heard telling fans to 'back it up' and is seen extending his arm as if to
shield Woods from spectators during his practice swings.
That video does not
show any contact between LaCava and anyone else, but another clip purportedly
from the same moment and place includes two male voices commenting on LaCava
shoving someone. 'He just pushed him,'
said one voice as others can be heard laughing in the background. 'He just
shoved him right out of there," another voice can be heard saying. Both the agent and spokesman for 15-times
major champion Woods did not immediately respond to Reuters when asked to
comment. LaCava could not be reached for comment.
The lawsuit says
United States Golf Association rules state golfers are responsible for their
caddie's actions during a round and that Woods 'failed in his duty as he freely
allowed' LaCava to negligently use force.
Interesting ! ~ and
some thoughts of that incident when a popular actor got wild and broke the cell
phone of a fan who was trying to take a selfie !
The woman pictured
at the start is - Ko Jin-young, a South Korean professional golfer who plays on
the LPGA Tour. She has won 10 times on the LPGA of Korea Tour, was second
at the 2015 Ricoh Women’s British Open, and had won the 2017 LPGA KEB Hana Bank
Championship. In 2018, she was named the
LPGA Rookie of the Year, and completed the 2018 season as the 10th-ranked
female player in the world.In 2019, she
won her first two LPGA major championships at the ANA Inspiration and the Evian
Championship. Ko completed the 2019 season with the official money title
($2,773,894) and the Vare Trophy for the lowest scoring average (69.06), and
was named LPGA Player of the Year.
With regards – S.
Sampathkumar
11.4.2020.