Fallen tree results in suit

LIHUE — A Kalaheo golf course management company is being sued for an injury that occurred from a tree falling on its property.

Represented by the Honolulu firm of Remillard & Huynh, the plaintiffs, Jessica and John Jacobs of Kauai, filed a civil complaint in 5th Circuit Court on Oct. 28.

The incident occurred on Feb. 13, 2013 when Jessica Jacobs parked her car in the lot of the Kukuiolono Park and Golf Course about 5:30 p.m, according to the suit.

“I got out of my car, and was not even a few feet away when I heard a cracking sound and a tree fell on top of me right in the parking lot,” Jacobs said in a phone interview Monday.

Jacobs was pinned under the tree and her injuries required pins to be put in her legs. Jacobs said she will never be the same person and is seeking compensation for medical expenses and damages.

The defendants in the case are Billy Casper Golf, a Virginia LLC that is part of Kukuiolono Management, and a trustee of the nonprofit Kukuiolono Park Trust Estate. The complaint holds them responsible for the management and operation of the public recreation and golf course facilities of Kukuiolono Park and Golf Course.

The tree falling on the plaintiff presented an unreasonable risk of harm, the complaint states. Failing to inspect, maintain, trim or remove trees that should have been identified as a risk is the responsibility of the defendants.

Jacobs asserts in the complaint that because the defendants sold chicken feed to visitors at the park it encouraged people to visit and remain in areas of the park where chickens frequented.

Encouraging or failing to warn visitors of dangerous trees implies the defendants are responsible for incidents on the grounds, the suit said.

Billy Casper Golf spokesperson Rich Katz didn’t comment on the suit by press time.

0 Comments

Your email address will not be published. Required fields are marked *

*

By participating in online discussions you acknowledge that you have agreed to the TERMS OF SERVICE. An insightful discussion of ideas and viewpoints is encouraged, but comments must be civil and in good taste, with no personal attacks. If your comments are inappropriate, you may be banned from posting. To report comments that you believe do not follow our guidelines, send us an email.