Golfer sued Michigan course after cart crash but court dismissed case

LANSING, Mich. — A lawsuit from a person who crashed his golf cart whereas descending a steep hill on the common Treetops resort has did not make the minimize earlier than the Michigan Courtroom of Appeals.

Matthew Burchard sued for gross negligence after he misplaced management of his golf cart in 2019 whereas taking place a steep hill on the third gap at “Threetops” — certainly one of a number of programs on the common northern Michigan resort close to Gaylord. Burchard was ejected from the cart, which flipped and landed on him, in keeping with a case abstract included with an opinion launched Friday by the Michigan Courtroom of Appeals.

The three-judge panel upheld a decrease courtroom’s ruling dismissing the lawsuit, saying Burchard had been warned about the best way to rigorously maneuver the hills and had signed a golf cart rental settlement that acknowledged potential risks and waived all legal responsibility for the homeowners of the resort.

“Even when plaintiff didn’t learn the discharge earlier than signing it, his failure to take action wouldn’t warrant rescission of the discharge,” the courtroom mentioned.

Burchard testified in a deposition that he remembered taking place the hill and discovering that the cart was shifting “somewhat quicker than I like” to journey.

“So I utilized the brakes,” he mentioned within the deposition. “The brakes didn’t sluggish the golf cart down. So I utilized the brakes tougher. Golf cart nonetheless didn’t decelerate. Then I put all my physique weight on the brake pedal after which the golf cart nonetheless didn’t decelerate. And I bear in mind a pointy left flip developing. And I bear in mind waking up within the hospital a number of days later.”

An worker of the golf course testified he warned Burchard and his group in regards to the hills on the third and seventh holes and to not “lock the brakes” on the golf cart. If the brakes lock, the operator ought to give the cart somewhat fuel to unlock them, he testified.

The courtroom additionally heard proof that the cart had not too long ago handed a full security and upkeep inspection.

Burchard was with about 15 different golfers in a bachelor get together however had not consumed any alcohol that day, in keeping with the case abstract.