<BLOCKQUOTE><font size="1" face=" Arial, Verdana, Helvetica">quote:</font><HR>Originally posted by golfball:
A golfer hit an errant shot from the tee box which is 9 two story houses up from us and the ball dented our car. Our neighbor witnessed it hit the car hood and immediately got me from inside. Went on the course and confronted only golfers on the fairway and teebox. Golfer admitted guilt and gave license, phone to me. Contacted and would not pay, said wasn't liable. Took to small claims court w/ witness, covenants from homeowners assoc., estimate for $400. Won case. Now he is appealing to District court. What are my chances of winning again and with all the evidence and ruling of liable could they allow an appeal? Any advice for the courtroom would be appreciated.<HR></BLOCKQUOTE>
My response:
I am surprised. Normally, you should have lost the lawsuit. However, there must be something in the CC&R's that allowed you to win.
Without knowing what the CC&R's said, there's no way for me, or anyone, to tell you what your chances are on appeal.
You see, in California, golfers are not held to liability when there's really very little control over the direction a ball will eventually take.
IAAL
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