Wednesday, February 20, 2013


Murrayshall House Hotel, near Perth's tour professional Gavin Dear, a former Walker Cup player, is being sued by a golf tournament ball-spotter for £50,000 damages after he was struck and blinded in one eye by a shot from the Scone-based golfer.
The incident happened in the 2009 Scottish Champion of Champions' Tournament, organised by the Leven Golfers' Society over the Leven links in Fife.
David McMahon, 70, of Leven has raised the action at the Court of Session in Edinburgh. Dear turned professional later in 2009.
Mr McMahon said he approach a couple of spectators who had strayed off a path and asked them to move as they were in danger of being struck by a golf ball.
As Mr McMahon turned to return to his buggy he was hit in the eye by a ball struck by Mr Dear at the sixth hole.
"The ball hit me and I went down," he said in court. "I covered my eye with my glove. I took my glove away and it was full of blood."
He told his counsel, Rnald Clancy QC, that he did not hear anyone shout a warning. The retired bus driver said it was the ninth time he had been struck on a golf course.
Mr McMahon denied that he was behind the buggy and emerged into the path of the ball when questioned by Graham Primrose, QC for the golfer.
It is alleged that Mr Dear knew or ought to have known that Mr McMahon was in line with the path of his shot and that had the golfer exercised reasonable care, ball-spotter Mr McMahon would not have been injured.
Mr Dear, 28, maintains that nobody was visible to him or  his playing partner when he played his second shot from light rough at the par-5 hole.
He claims that he did see a buggy but there was no sign of any person.
Mr Dear's defence is that he acted at all times with reasonable care.
The hearing, before Lord Jones, continues.



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