A Southern California jury has awarded the family of Irvine resident Edwin Payne $2 million for his wrongful death. Payne, 65, was killed after his golf cart fell off an 80-foot cliff at the Pala Mesa Golf Resort in Fallbrook in May 2007. Payne was taking part in a yearly golf trip with three colleagues.
The deadly golf cart accident happened as Payne tried to make a U-turn in the cart. Instead, Payne lost control of the vehicle, which went down a 40-foot slope before dropping 80-feet onto Highway 395. The cart overturned close to the bottom of the cliff, crushing the vehicle, and tossing Payne onto the road. Rescuers tried to revive Payne, who was pronounced dead at the crash site.
The family's California wrongful death legal team persuaded the jury that the golf course was liable for Payne's accident because it failed to put up warning signs about the slope, which is located behind trees and foliage. The plaintiffs contend that if the golf course had installed a higher curb, Payne may not have fallen down the slope.
Payne's wife, Clara, will claim approximately $1.5 million. The final California wrongful death verdict will be reduced by 30% because Payne was partially liable for the fatal accident.
Comparative Fault
California is a comparative fault state. This means if a plaintiff is found partially at fault for causing a personal injury accident, he or she is only entitled to receive a percentage of the personal injury damages awarded by a jury. For example, if a jury determines that the plaintiff was 30% at fault for causing his or her accident, the plaintiff can only receive 70% of the award. While some states do not allow a plaintiff that is found more than 50% liable for causing the injury accident to receive any award, California law allows for the injured party to receive damages, even if it is 49% or less.
Premises Liability
The owners of public and private premises must make sure that there are no hazardous conditions on a property that can cause injury or death to others. If a person gets hurt and the property owner could have prevented the accident, the injured party may be able to file an Orange County, California premises liability lawsuit.
Family gets $2 million after golfer drives cart off cliff, OC Register, July 27, 2009
Man drives golf cart off cliff at Pala Mesa Resort, North County Times, May 23, 2007
Related Web Resources:
Pala Mesa Golf Resort
Premises Liability Overview, Justia
