Michael S. Johnstone, AIA, was interviewed on BBC Radio 5 Live following the Ryder Cup accident where a spectator was struck by an errant golf ball and lost the vision in her right eye. The incident raised international attention in the golf community and regarding spectator safety at sporting events in general. Here is an excerpt from Up All Night with Lisa McCormick that aired October 5, 2018.
Host Lisa McCormick: The recent success in Europe’s Ryder Cup also served to highlight an issue that’s been affecting the game of golf. A female spectator was struck by an errant shot during this year’s event that resulted in her losing her sight in her right eye. Then yesterday, another woman was hit on the forehead while watching the Alfred Dunhill Links Championship at the Kingsbarns Golf Course in St. Andrews. Fortunately, she escaped serious injury.
Incidents like these have resulted in some soul searching: How to make the game safer? Let’s talk in greater detail with Michael Johnstone who is a forensic golf course architect in North Carolina… Michael, what do you make of this?
Michael Johnstone: The effect it has on this woman’s life, of course, effects us all…. In the U.S., there are approximately 40,000 players a year who are injured by errant golf shots or by someone swinging their club and striking them in the head. So, this is not an unusual circumstance on the golf course.
Host: In what way can a golf course design make a difference, Michael?
Michael Johnstone: Well, I can talk about design for the normal play on a golf course, but in this particular case, the tournament makes the environment quite different because so many spectators are introduced to what I call “the playing field”, and there are people that don’t necessarily understand that a golf ball can move at a rate of 170 miles per hour. It’s a hard little object and if it strikes you in the temple or the eye or the jaw, it can actually be lethal.
Host: Is it just something that we have to accept as part and parcel of watching live sporting events like this? If you want to stand in a good position, there is a risk that something like this could happen?
Michael Johnstone: When I watch tournaments like this and I see this tiny little corridor that the professionals are supposed to hit through, and there are people on either side in this tiny little triangle, I think it is a mistake. People need to be pulled back further, but also there should be some education about the fact that it is possibly dangerous. When someone yells fore, F-O-R-E, people should turn away from the ball and put their hands up over the temples of their head to try to protect themselves.
Host: I’ve never been to a big golfing event, but are you given any sort of guidance or advice along those lines?
Michael Johnstone: Well, unfortunately in the U.S., we tend to respond to things after someone has been injured rather than to be preventative, which is a shame… We do that in healthcare, we do that with weather events, etc. …
Host: Sure… yeah, do you think then that with these recent events highlighting it as an issue, it can change the way we watch things like this in the future, the way spectator sports are done?
Michael Johnstone: I certainly hope so… We’re putting in this case thousands of people in harms way… of course they want to lean in to see a little more. We need to give them a little broader triangle. Even the professional golfers are just human beings. They are not going to hit it perfectly each time. I think education is a big thing and prevention would be really important to try to reduce the number of people who are injured this way.
Host: Michael, it’s good to hear from you and to share your expertise with us. Thanks for joining us on Up All Night… Michael Johnstone who is a forensic golf course architect in North Carolina. I like that… You go to a dinner party and someone asks what do you do? “I’m a forensic golf course architect.” That’s naturally going to be one of those titles you’re going to say, “What is that?”
A 43-year-old man and his girlfriend were playing golf at a public golf course in Ohio. They were on the 2nd hole that runs parallel to the 1st hole but in the opposite direction. The plaintiff parked the golf cart near the green and was struck in the head by a golf ball hit from the 1st tee. The ball struck him above the temple causing serious injury. His girlfriend tried to give him aid as she screamed for help. The foursome at the 1st tee did not help or even stop. The girlfriend then drove the injured victim to the clubhouse where an ambulance was called and the injured man was taken to the hospital.
Expert witness and golf course architect Michael S. Johnstone, AIA, demonstrated the use of a “safety cone” to explain that a significant percentage of errant shots would land in that very location. Further investigation revealed the accident was foreseeable and preventable. Poor routing of the golf cart path put players at high risk from tee shots from the 1st hole when standing on or near the 2nd green. In addition, the two parallel holes were only 186 feet apart creating a danger of hitting into oncoming players. Furthermore, a tree line intended as a safety buffer obscured the view, exacerbating the danger and preventing verbal warning of errant shots.
An award-winning golf course located on tribal land in the high desert of New Mexico was sued by a husband and wife when the wife was bitten by a rattlesnake. The incident occurred while searching for a lost golf ball. The woman was rushed to the hospital where she received emergency treatment and survived. The couple sued the golf course for her injury, medical expenses, suffering, and past and future loss of earnings. They alleged the golf course was negligent for the dangerous conditions and failed to warn players of the danger from rattlesnakes.
Groundskeepers hunted and found the snake. The Superintendent killed it and presented the rattle to the victim while she was in the emergency room.
Golf course architect Michael S. Johnstone, AIA, was retained as expert witness in the case. The firm investigated the complaint, researched the history of the golf course, interviewed golf course staff, and conducted a site inspection to assess overall conditions. The firm found that 140,000 rounds were played at the golf course, or about 15,000 rounds per year. This included youth, amateur and college tournaments, plus golfing tourists from around the world. No snake bites were previously reported. Furthermore, the golf course had received many industry awards and was named among the best public courses in the US and state by numerous golf and travel magazines.
The investigation learned that the plaintiffs played at the golf course many times and took lessons there. They also lived nearby and operated two businesses, one of
which led big game hunting expeditions in New Mexico. Yet, the couple testified they did not know rattlesnakes existed in New Mexico.
Environmental research and photographs were used to document the golf course, the natural habitat, and indigenous wildlife in the region. The firm reported that New Mexico ranks as the fourth highest state in bio-diversity and the third highest in diversity among mammals and reptiles. Public information for residents and homeowners about rattlesnakes was cited from the State of New Mexico and U.S. Department of Agriculture. Notably, snakes have been celebrated in the Native American art and culture of New Mexico for centuries. Even school children are routinely educated about the wildlife of New Mexico, including rattlesnakes.
The plaintiffs passed at least three warning signs labeled “RATTLESNAKE HABITAT”. The signs were located along the cart path and native wild areas. Nonetheless, the plaintiffs testified they did not notice them that day or on any prior occasion. The investigation also found the husband hit two bad tee shots into the native terrain. It was his second errant ball the couple was searching for when the wife was bitten. They both hiked about 30 yards off the fairway, up an elevated rocky slope, through desert brush and natural signs of wildlife, when the rattlesnake bit the woman on her ankle.
As expert witness, Michael Johnstone enumerated standards of care for both players and the golf course. He cited USGA Rules for Ball Lost or Out of Bounds that included options for relief, and specific rules pertaining to Animals Interfering with Play, Status of Snake, and Dangerous Situation; Rattlesnake or Bees. He emphasized players must make fundamental choices about the environment and safety at all times. He also demonstrated that USGA rules include wildlife as an inherent part of the sport. Attorneys for the golf course did not expect such a thorough assessment of the incident and were very happy with the settlement achieved.
In Northern California, a 64-year-old volunteer at a charity golf tournament fell off the back of a golf cart and eventually died of her injuries. The woman’s family filed suit for wrongful death against the charity organizer, golf course management, sponsors and two young persons who operated the golf cart.
The event organizers had set up several stops along the golf course where guests were served
alcoholic beverages by sponsors and took part in activities like hula hoop.
A young woman who was asked to volunteer the night before the event was assigned various tasks including serving alcohol. She and a young man were purportedly instructed to run an errand with another young man. All three rode in a two-seat golf cart and stopped at several drinking and activity locations along the golf course. They stated they did not drink, but picked up other volunteers who may have been drinking.
At some point, the young woman sat on one male’s lap sideways and steered the vehicle as he operated the pedals. Four people were crammed into the two seats while two more women, including the 64-year-old decedent, stood on the back of the golf cart where golf clubs are normally carried. The older woman allegedly fell off while the golf cart was moving and hit her head on the concrete cart path. None of the occupants saw how she fell and there were no bystanders who witnessed the fatal injury.
The firm of Michael S. Johnstone, AIA, was retained to review the golf cart accident and the circumstances surrounding the fatal injury. As an expert witness in golf cart accidents at tournaments before, Michael Johnstone focused upon issues of particular significance. Normally, there are specific industry guidelines for golf carts and golf carts paths, while tournaments and other events have additional rules and restrictions. Factors in this case included, but were not limited to: training volunteers in golf cart operation; volunteer supervision; vehicle maintenance and checkout process; exceeding vehicle occupancy; exceeding maxium load; serving of alcohol and consumption of alcohol; speed, incline and weather; required clothing and footwear; securing vehicle after an accident; accident reporting and witness statements; photographs of the vehicle and documenting its location. The case settled prior to going to trial.