Facts

This product liability action stems from an accident that occurred on June 19, 2020 at 8:30 p.m. within a gated community. Plaintiff was driving an electric golf cart on the roadway in the community when, allegedly, a vehicle directly in front of him suddenly braked and, in an effort to avoid hitting that vehicle, plaintiff braked hard, veered to the right, and was ejected from the golf cart, which allegedly overturned and landed on top of him. Plaintiff sued Gilchrist Golf Cars, Inc., and others, for strict product liability and negligence.

PLAINTIFF'S CONTENTIONS: Plaintiff claimed that the subject golf cart's lack of stability and propensity to roll over and injure or kill its operator during foreseeable use while an operator was braking and turning in either direction, and this characteristic of the golf cart presented a risk of catastrophic and/or fatal injury to those using the product in an intended and/or reasonably foreseeable way. Gilchrist Golf Cars, Inc. sold the golf cart to the individual from whom plaintiff purchased it.

DEFENDANT'S CONTENTIONS: Gilchrist Golf Cars, Inc. did not manufacture, distribute, sell the golf cart, nor was it an integral part of the overall producing and marketing enterprise for the golf cart. Gilchrist did not design, supply, inspect, repair or rent the golf cart. There is no evidence that plaintiff's injuries were caused by an act of Gilchrist or that they were caused by an instrumentality under Gilchrist's control. By his own admission, plaintiff had five to six drinks during the round of golf he played before the subject accident. Plaintiff purchased the golf car in used condition between 2003 and 2005.

Insurer

Sentinel Insurance Company, Ltd.

Damages

In addition to substantial medical expenses, plaintiff required significant modifications to his home as a result of his injuries. He also purchased a specially equipped van for transportation for him and his wheelchair. He requires ongoing 24/7 care.

Injuries

Plaintiff suffered catastrophic injuries, including quadriplegia.

Result

The court granted summary judgment in favor of defendant Gilchrist Golf Cars, Inc.