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"We believe that notwithstanding the instruction that the jury did not receive from the trial judge, we expect that the jury will be able with the new instruction to find that a reasonable use of the golf course was not being made by the golf course owner and the course's unreasonable use has caused a significant amount of golf balls to strike their home, cause significant property damages, and substantial mental anguish," said the plaintiffs' attorney, Robert W. Galvin of Galvin & Galvin.
Finding the trial court only partially instructed a jury on a golf ball retrieval easement at issue, the Massachusetts Supreme Judicial Court set aside a $3.5 million verdict in favor of Boston-area homeowners who claim their property was damaged by hundreds of stray golf balls.
On remand, the SJC ordered a new trial in the case of Tenczar v. Indian Pond Country Club. If the case is retried, the jury will be asked to consider if the operation of the golf course’s 15th hole and the number of errant shots hitting the Tenczar home was “reasonable,” according to the state high court’s order filed Dec. 20.
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