An Inclusive Litany

11/14/96

An Associated Press report from Wausau, Wisconsin, October 30, 1996:
A golfer had 13 drinks before he tripped on his golf spikes and fell face first onto a brick path outside a clubhouse, breaking his jaw and shattering his teeth. But an appeals court Tuesday said the course was mostly at fault, for leaving gaps in the bricks.

Dale L. Larson—who needed nine root canals, 23 crowns and had his jaw wired shut for months—was awarded $41,540 in damages even though his own lawyer said it was rare for a drunk person to win a negligence case.

The appeals court upheld a trial judge's ruling that Indianhead Golf and Recreation Inc. of Mosinee was 51 percent negligent because of its terra-lock brick ramp that led from the clubhouse bar.

Circuit Judge Vincent Howard said gaps in the bricks could have caused even a sober person to fall. The appeals court agreed the gaps were an initiating factor, especially since the ramp was built in 1976 to save $1,440 over a recommended 4-inch thick concrete slab....

A doctor testified Larson was in a stupor, with a blood-alcohol level of 0.28 percent 90 minutes after the accident. But Larson said he was not significantly impaired by the eight beers and five mixed drinks he had over a period of six hours before the accident.