Negligence Suit Filed In Golf Cart Accident
Last updated Wednesday, June 18, 2008 9:09 PM CDT in News
By Robin Mero
The Morning News
A woman struck by a car in 2005 while driving a golf cart near the Bella Vista Country Club filed a lawsuit Wednesday against the Bella Vista Property Owners Association and the car's driver.
The suit was filed on behalf of Majel Elaine Debolt of Bella Vista, and against the property owners association, the Scottsdale Insurance Co., Bella Vista resident Margie Rollings and a John Doe insurance company.
According to the suit, Debolt was invited to the club's golf course for business reasons on June 18, 2005. Late that afternoon, she drove a golf cart on a path from the hole No. 8 green to the hole No. 9 tee.
Debolt didn't know the path crossed Dogwood Drive, a public roadway. Her view was hindered by overgrown trees, hedge and landscaping - and no stop, yield or warning signs were posted telling golfers they were entering a public roadway, the suit claims.
As Debolt crossed Dogwood Drive, the golf cart was struck by a vehicle driven by Margie Rollings. The golf cart was pushed about 30 feet and Debolt was seriously injured - both temporarily and permanently, the suit states.
Rollings lived on the drive and used it daily, so should have known golf carts would be crossing the street, the suit states, but she was negligent and failed to keep a proper lookout and drive a reasonable speed.
The property owners association may not be a proper defendant, since it is a cooperative, nonprofit corporation, the suit states. It is, however, insured by the Scottsdale company - which therefore may be liable.
The suit seeks compensation for medical bills, pain and suffering, loss of earnings, permanency of injury, mental anguish, and loss of enjoyment of life.
Debolt's attorney is J. Timothy Smith of Fayetteville. The suit was assigned to Benton County Circuit Judge Xollie Duncan.
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recross1 wrote on Jun 19, 2008 11:39 AM:
It seems that you have no rights if you are trying to make a living but if your retired and wealthy to begin with you can sue for an unlimited amount.Once again the laws here need to be changed.This lady will probably be back out playing golf again.I get to just deal with my permenent,disability. "