BEAUFORT, S.C. (CN) - A golfer whose right arm was ripped off and eaten by a 10-foot alligator says he never would have tried to play a shot near the water hazard if the course had warned him there were alligators about. The alligator pulled him into and under the water, and as his son and other golfers helped him stagger back to land, James Wiencek says, "the alligator swam away, having eaten plaintiff's arm."
Wiencek sued the Fripp Island Resort and affiliates in Federal Court.
Wiencek and his son went to the Ocean Creek Golf Club at the Fripp Island Resort near Beaufort on Oct. 8, 2009, for an afternoon round of golf.
On the 11th hole, Wiencek hit his ball near, but not into, a big deep pond, surrounded by a steep bank covered by long grass. The pond itself was dark and brackish, at no time allowing a hint of what lay beneath the surface.
"When the plaintiff reached his right arm towards the ball, without warning, a large, 10-foot long alligator spring from the brackish and dark water and attacked the plaintiff, biting and holding plaintiff's right arm," the complaint states.
"The alligator then pulled Plaintiff into the water and attempted to initiate a roll, pulling plaintiff underwater. Plaintiff struggled with the alligator, and the alligator tore plaintiff's right arm off in a violent and vicious manner above the elbow.
"Plaintiff was helped to the shore by his son and attended to by other patrons of the course.
"The alligator swam away, having eaten plaintiff's arm."
Wiencek says that before the attack, "residents of nearby homes had noticed the alligator's large size and aggressive behavior and had alerted the defendants to its presence and behavior."
Despite having "actual and constructive knowledge of the ongoing presence and aggressive behavior of the large alligator," the defendants "failed to take reasonable action to secure the premises of the golf course and to warn its business invitees, including the plaintiff, of the alligator's aggressive presence, size, or aggressive behavior," according to the complaint.
Wiencek seeks actual and punitive damages for negligence, pain and suffering, mental anguish, discomfort and disability.
He is represented by Mark Chappell and William McAngus Jr., with Chappell, Smith & Arden of Columbia, S.C.
The defendants are the Fripp Island Resort, The Ocean Courses of Fripp, Fripp Island Co. and The Marina Village of Fripp.
Comments (20) | |
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Marv8
1/24/2011 6:52:12 PM It is not the golf courses fault. Always be aware of your surroundings when you are outdoors. It is sad that it happened but he should be counting his blessings that he is still alive |
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heartotexas
1/24/2011 4:58:12 PM Well, I'll warn you non Texans. There are lots of rattlesnakes in Texas, including its golf courses. There are no signs to warn you usually. Don't recommend wandering off into the bush looking for a lost ball without looking and listening for snakes. If you get bit, well take the course to court if you want. It'll have to be a Federal, liberal court, cause there probably isn't a court in Texas that wouldnt laugh you out of the building. |
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arky
1/24/2011 9:30:58 AM He should have hit it where it lay, and not try to pick it up! Either way, he deserves a hand for his efforts! |
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PeteG512
1/24/2011 9:22:23 AM Chubbs must be spinning in his grave |
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Duckhunter
1/24/2011 8:59:52 AM It was not the course or even the gator. Should not have to pay for someone that does not think. Your the fool who got near the gator. it did not fall from a tree. |
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ScottSorrell
1/23/2011 10:45:31 PM Lets just close every golf course in the country. I mean between the shootings, gators, miss hit balls, someone else is surely going to get killed. Lets all be safe and just close every recreational activity we do. |
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RiverfrontFrank
1/23/2011 9:26:49 PM Never played in South Carolina. I am a native New Yorker (living in the Commonwealth of Virginia now.) When I think alligator I think the Florida everglades. If a gator in SC got my arm I would sue as well. Does that make me a jerk as well? Wow you guys are tough. |
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Mark Simmons
1/23/2011 7:39:40 PM Another thing that is sad is that if the guy wasn't acting like such a jerk he'd probably be showered with help and assistance. At least that has been my experience in matters like this. There's bunches of people in this country that are more than willing to help out when an individual or family is dealt a hardship. I've got a friend that lost his hand and on a more personal level had a daughter with acute anorexia nervosa. In both these cases and many others I've experienced people pulling together for each other. Sure beats putting a ton of cash in some lawyer's pocket. |
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ShaunCrawford
1/23/2011 7:19:43 PM ::grimaces from the gruesome pictures:: However, both Loren and Mark hit the nail on the head... in the majourity of legal systems around the world, it'd never be heard by a grand jury... it'd be laughed out as soon as the plaintiff tried to file it... |
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Mark Simmons
1/23/2011 6:26:50 PM Very sad, but also illustrates something that is destroying this country. I agree with ParSeeker. It's very unfortunate what happened, but I think we're all tired of people failing to take responsibility for their actions and treating our legal system likes it's the lottery. This guy failed to exercise proper caution, but he's not accepting any responsibilty. Instead he wants a big payoff. If he gets it the likely result is higher greens fees for all of us and fewer golf courses all due to escalating liability insurance rates to cover lawsuits like this. |
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ParSeeker
1/23/2011 6:05:29 PM Well, let's see, there are aligators in SC and alligators attack people and they (alligators) are known to frequent area golf courses. Another lawsuit by the alleged clueless. |