Club settles lightning case

Closure: Eleanor Stoff stands outside the Palace of Justice in Pretoria after she settled her claims case with the Johannesburg Country Club following her husband's death during a lightning incident in 2000. IOL.

Golf club settles lightning death. SABC of 29 April 2005. 'The Johannesburg Country Club today entered into a confidential settlement agreement with the widow of a golfer who was struck by lightning while playing golf five years ago. Eleanor Stott claimed R5.9-million in damages as well as a further R20 000 for funeral expenses following the death of her 63-year-old husband Brian in March 2000. She claimed in papers before the Pretoria High Court that the club was negligent because the shelter built to protect golfers from lightning was not safe. She said it was built among pine trees and thus in a very dangerous location. The court had heard that the shelter was broken down and rebuilt at a safer location after the incident and that the club also installed an early warning system to warn golfers that lightning was approaching. Stott and some of his friends were playing in a tournament when the accident occurred. They were teeing off on the 6th hole, which was far from the clubhouse, when the siren went off warning players of lightning. Stott and his two friends did not hear the siren, and took shelter after other golfers warned them. Lightning struck the shelter and the three golfers. Stott was taken to hospital, where he died 20 days later. His golfing partner Glyn Riley died on the scene, while the third member of their three-ball-party, Ian Cruickshank, was the only one left to tell the tale. He recovered a week later in hospital. In a special plea earlier, the club said their patrons signed an indemnity clause when they joined the club and that it therefore cannot be held responsible for any losses, including the loss of lives. This special plea was turned down by both the high court and later by the Court of Appeal in Bloemfontein. The trial on the merits of the case was due to start today, but before the first witness was called to the stand, the parties decided to settle'.

Pretoria - The Johannesburg Country Club on Thursday entered into a confidential settlement agreement with the widow of a golfer who was struck by lightning while playing golf five years ago.

Eleanor Stott claimed R5.9m in damages as well as a further R20 000 for funeral expenses following the death of her 63-year-old husband Brian in March 2000.

She claimed in papers before the Pretoria High Court that the club was negligent because the shelter built to protect golfers from lightning was not safe. She said it was built among pine trees and thus in a very dangerous location.

The court had heard that the shelter was broken down and rebuilt at a safer location after the her husband's death and that the club also installed an early warning system to warn golfers that lightning was approaching.

Stott and some of his friends were playing in a tournament when he was struck. They were teeing off on the 6th hole, which was far from the clubhouse, when the siren went off warning players of lightning.

Stott and his two friends did not hear the siren, and took shelter after other golfers warned them.

Indemnity

Lightning struck the shelter and the three golfers. Stott was taken to hospital, where he died 20 days later. His golfing partner Glyn Riley died in the shelter, while the third member of their three-ball-party, Ian Cruickshank, was the only one left to tell the tale. He spent a week in hospital.

In an earlier special plea, the club said their patrons signed an indemnity clause when they joined the club and that it therefore could not be held responsible for any losses, including the loss of lives.

This special plea was turned down by both the High Court and later by the Court of Appeal in Bloemfontein.

The trial on the merits of the case was due to start on Thursday, but before the first witness was called to the stand, the parties decided to settle.

Club liable for bolt from blue.

Bloemfontein - The Johannesburg Country Club was liable for damages to a woman whose husband died after being struck by lighting on one of its fairways in 2000, said the Supreme Court of Appeal in Bloemfontein on Thursday.

It dismissed an appeal by the club against a High Court judgment that the club could not rely on an exemption clause in its members' contract.

The man, identified only as Brian Stott, was struck by lighting while playing golf on the club's sixth fairway on March 4 2000. He died three weeks later.

His wife, Edith, sought to hold the club negligently liable for her loss to the tune of R5.9m on the grounds of negligence - and another R20 000 for funeral expenses.

The Stotts were both members of the club.

The club, in a special plea before the High Court, relied on an exemption clause in the members' contract that both of them signed.

The plea was dismissed in the High Court with costs.

The appeal court agreed with that ruling, finding that Mr Stott, in exempting the club from liability for personal injury, could not forego the autonomous claim of a dependant.

It also dismissed the club's argument that Mrs Stott exempted the club from liability by signing the contract, as her claim was not one for "personal injury or harm".

Golf club appeals in R6m case.

Bloemfontein - The Johannesburg Country Club appealed on Friday in the Supreme Court of Appeal in a case which arose from the death of a member on its golf course.

Lightning killed Brian Stott in March 2002 while he was sheltering from a storm under a shelter erected near the course's sixth fairway.

His widow, Edith, is claiming almost R6m from the club for damages, including loss of support and funeral and burial costs.

She argues the club failed to take sufficient steps to ensure that the shelter was lightning resistant.

The Johannesburg High Court earlier dismissed the club's special plea that a disclaimer clause in its rules exempted it from liability. It is against this ruling that the club is now appealing.

Mrs Stott was also a club member at the time of her husband's death. She was, however, not on the grounds when he was struck.

A clause in the club's rules exempted it from liability for personal harm and injury caused to members or their children and guests on the club premises.

The high court concluded, however, that the personal harm referred to in the clause related only to that suffered by a member while physically on the premises.

It therefore did not exempt the club from the alleged harm suffered by Mr Stott.

Appeal judge Louis Harms reserved judgment on Friday after hearing the appeal arguments.