"QLD Golfer Sued For $2.6M Damages" 

A North QLD golfer, severely injured when he was hit by a golf ball 10 years ago, has had his $2.6M damages payout upheld by a Brisbane court.

Glen Ollier was playing in a charoty golf game at the Magnetic Island Country Club, off Townsville, In August 1994, when he was hit by a golf ball.

Mr Ollier suffered serious permanent brain damage and was awarded $2.6M in damages by the Supreme Court in Townsville.

The award was made against the player who hit the ball, Mr Mark Shanahan, on the basis he was negligent in not looking ahead before teeing off, or if he did look ahead he should not have played the shot until Mr Ollier's group had moved on.

The appeal by Mr Shanahan to the Queensland Court of Appeal was dismissed.

The appeal was made on the basis that it was inpossible for Mr Shanahan to see Mr Ollier's group because they were playing near trees in dappled light and shade.

This was rejected by the court, with Justice Bruce McPherson describing it as "a most improbable explanantion of the tragedy" which happened on a clear, sunny day.

Mr Ollier had also sued the golf club at trial, but this was dismissed and was not challenged on appeal.

(extract from the Herald Sun, 30 April, 2004)

NOTE: any asset protection measures are not effective against any current proceedings, or against claims or potential claims, of which the person seeking to employ such measures is currently aware. Under the Bankruptcy Legislation, such asset protection measures may not be fully effective against claims of litigation for fifty four (54) months and possibly longer.

Fortress Asset Protection has not provided any tax advice, insurance advice, financial product advice, investment advice, legal advice or financial services advice in supplying this information to you.

© Copyright Fortress Asset Protection, 2005-07