A Vancouver man has filed a civil claim in B.C. Supreme Court after he was allegedly struck and injured by a golf cart at the Whistler Golf Club in 2018.
Filed Feb. 4, the suit alleges that Vancouver salesman Adam James French was at the Whistler Golf Club on or about Sept. 12, 2018 when he was struck by a golf cart on the 15th hole. The court filing said he sustained injuries to his right knee, including a torn ACL and partially torn MCL and TCL, as well as whiplash and mental injury.
Named in the suit are Matthew Hayden Clark, who is listed as the marketing manager for the Westin Resort & Spa, and Australian resident Bart Van Iersel, who both had rented the cart and, according to the suit, “negligently and without any warning or provocation” drove the cart into the plaintiff. The suit alleged Clark and/or Iersel operated the cart in an unsafe manner, drove at an excessive speed, and failed to give any audible or visible warning of their approach.
The Resort Municipality of Whistler (RMOW), which owns the property, and Tourism Whistler, which manages and operates the golf course, are also named.
The suit claimed the incident was caused by the negligence of the RMOW and Tourism Whistler, in part, because a golf cart was rented to Clark and Iersel while knowing, or having the means to know, that they were “not adequately informed of the peculiar capacities and manoeuvring abilities of stopping and braking features” of the cart; by consenting to the use of the cart by Clark and/or Iersel while knowing or having the means to know they were “visibly intoxicated”; and by failing to install, utilize or maintain barriers to limit or restrict drivers of golf carts from accessing unsafe areas of the property.
French is seeking general, special, punitive and aggravated damages, including for loss of past and prospective income; loss of capacity to perform jobs around the home; future care costs; as well as other related costs.
“The deliberate and reckless nature of the Incident has left the Plaintiff feeling humiliated and distraught, thereby warranting an award for aggravated damages against Clark and/or Iersel,” the suit went on.
None of the above claims have been proven in court.
Clark, Tourism Whistler, the RMOW and the legal counsel representing French declined to comment with the matter before the courts. Pique was unable to find contact details for Iersel.
The defendants have 35 days from the date the suit was filed to respond.
