Legal Question in Personal Injury in Georgia

Trouble right off the TEE.

First of all thanks for looking at my PROBLEM.

I will be writeing this is the third person, inorder to protect both parties.

A golfer slices a ball which cracks the window of a private residence then lands on the lawn of that residence which is across the street from the golf course. The golfer walks on the lawn to retrieve the ball. While walking across the lawn the homeowner comes out and tells the golfer to get off his lawn or else he'll kick his butt. The golfer ignores him and proceeds toward the ball. The homeowner proceeds to punch the golfer in the face and then the golfer takes his 3 iron and hits the homeowner in the head. The homeowner's wife then comes out and hits the golfer in the head with a frying pan. At his point the police come and break up the fracas.

Question

1. What are all the possible causes of action for both parties?

2. What are all the possible outcomes for both parties involveing all the issues in this problem?

HELP ME - THANK YOU VERY MUCH!


Asked on 6/08/00, 3:43 pm

1 Answer from Attorneys

Hugh Wood Wood & Meredith

Re: Trouble right off the TEE.

Well, I wasn't going to answer this one, but the more I read the more it reminded me of a law examination question.

Since you are writing in the 3rd person, let me guess -- you are the wife who swung the frying pan? Yes?

I'm not sure I can get all of the causes of action, but here goes.

A golfer slices a ball [Failure to take golf lessons] which cracks the window of a private residence [damage to property -- compensatory damages only] then lands on the lawn of that residence which is across the street from the golf course. The golfer walks on the lawn to retrieve the ball. [Trespass] While walking across the lawn the homeowner comes out and tells the golfer to get off his lawn or else he'll kick his butt. [I forget the statute, but once you are ordered off private property and proceed, I think you are guilty of the civil trespass statute and, then, the Chapter 16 criminal trespass statute. But the cause of action as to the 2nd one may only be brought by the People of the State of Georgia] The golfer ignores him and proceeds toward the ball. [same -- trespass] The homeowner proceeds to punch the golfer in the face [assualt and battery on the golfer. Probably not justified, since the homeowner cannot consider himself threatened] and then the golfer takes his 3 iron and hits the homeowner in the head. [assualt and battery -- more serious since he used a weapon, the 3 iron] The homeowner's wife then comes out and hits the golfer in the head with a frying pan. [Assualt and battery. Not justified] At his point the police come and break up the fracas. [Criminal charges against all involved.]

Since both parties are "guilty" of assualt and battery, in a civil suit for damages -- a jury may just consider it a wash and award no damages. Both sides were a fault. What might change this would be if one sides physical injuries are much more substantial than the other sides.

Good Luck. And I will remember not to play that course.

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Answered on 7/29/00, 8:21 pm


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