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Negligence Suit Filed Over Golf Cart Accident


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11/17/2008
Brent Adams
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On June 18, an Arkansas woman filed suit against the Bella Vista Property Owners Association and the driver of the car that struck her as she was driving a golf cart near the Bella Vista Country Club in 2005 causing her to sustain personal injuries.

The suit was filed on behalf of Bella Vista, Arkansas resident Majel Elaine Debolt against the property owners association, the Scottsdale Insurance Co., Bella Vista resident Margie Rollings, and an unnamed insurance company.

The suit claims that on June 18, 2005, Debolt was invited to the golf course for business purposes. Late in the afternoon, she was driving a golf cart on a path from the eighth hole to the ninth hole.

Debolt was unaware that the path crossed a public roadway. The suit alleges that overgrown trees, hedges, and landscaping obstructed her view and there were no posted stop, yield, or warning signs to inform golfers that they were entering a public roadway.

As Debolt was crossing the road, Rollings’ vehicle struck the golf cart, pushing it about 50 feet and causing Debolt to sustain serious personal injuries, both temporary and permanent, according to the suit.

The suit alleges that Rollings lived on the road and used it daily so she should have been aware of golf carts crossing the street, but was negligent in her failure to keep a proper lookout and drive at a reasonable speed.

 

The suit noted that because the property owners association is a cooperative nonprofit corporation, it may not be a proper defendant. However, it is insured by the Scottsdale company, which may therefore be liable.


The suit seeks damages for medical bills, pain and suffering, loss of earnings, permanency of injury, mental anguish, and loss of enjoyment of life.

 



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