TR.GearhartGolfLinks2014.JPG

An unidentified golfer at Gearhart Golf Links. A California woman has filed suit against the golf course and a golfer she says struck a ball out of the golf course and onto her head.

(Terry Richard/The Oregonian/File photo)

A California woman who was visiting the Oregon coast when an errant golf ball sailed onto a Gearhart street and smacked her in the head has filed a $900,000 lawsuit, alleging traumatic brain injury and hearing loss.

Joan Eckerstrom was walking along North Cottage Avenue -- directly east of Gearhart Golf Links -- when the golf ball struck her on June 22, 2013, according to a lawsuit filed Tuesday in Multnomah County Circuit Court.

Along with the other serious injuries, she has suffered ringing in her ears and vertigo, the suit says.

She's seeking $500,000 and her husband, Eric Eckerstrom, is seeking $400,000, claiming he has suffered a loss of companionship and services because of his wife's injuries.

The Eckerstroms' suit faults golfer Ronald G. Putnam of Long Beach, Washington, for allegedly striking the ball that flew out of bounds. But the suit also lists the golf course as a defendant, saying it should have erected "natural or man-made barriers to prevent balls from leaving the golf course" and posted signs for "golfers and/or pedestrians (general public) about the potential hazards of errant golf balls."

Russell Hanf, the Portland attorney representing Eckerstrom, said management at the public golf course was aware that the bad aim of numerous golfers was endangering the public immediately outside its boundaries.

"There were some downed trees from many years ago that the golf course chose not to replace or put up protective netting," Hanf said. "There have been many instances where golf balls are going into the street."

The golf course's general manager, Jason Banglid, declined comment for this story. Putnam, the golfer, didn't return a message left for him earlier this week.

The 18-hole golf course opened with three holes in 1892.

While the merits of this case have yet to be decided, the subject is no stranger to the court system.

The world of golfing in general has a particularly litigious history in the United States. That's in part because of the very nature of the sport: Players of varying skill levels propelling hard balls through the air, sometimes into other people, homes or cars.

A 2010 New York Times article on the issue stated that golfers hit by other golfers are unlikely to win a damages suit, "especially as state after state has adopted a similar standard that only an intentional shot at another golfer or one showing gross and reckless negligence is grounds for a successful lawsuit." In 2010, the New York Court of Appeals dismissed a suit filed by a friend who was struck in the eye by his friend's errant shot.

Suing for damages inflicted on homes or cars struck by golf balls also can be a particularly difficult uphill fight. That was clear when a judge in 2012 ruled against a Montana husband and wife who sued the golf course that bordered their home, claiming that the golf course was responsible for 1,300 golf balls that rained down on their house in a season. The judge found that the pair should have known that when they bought their home, next to the 18th hole, it would likely be littered with golf balls.



But attorneys familiar with the industry say people struck by golf balls when they're outside a golf course might have stronger legal claims.

, a Bend personal injury attorney and recreational golfer, said he considered taking the case of a woman who was seriously injured by a golf ball that hit her in the head in the parking lot at the golf course of Eagle Crest resort.

Williams thought the woman might have a good case against the golfer because the golfer hit the ball far out of bounds, maybe 50 yards off the course, Williams said.

"It was an impressive distance," he said. "But she never got the name of the golfer."

So the case couldn't go forward. Williams didn't think suing the golf course was reasonable because it wasn't "foreseeable" that a golfer would strike a ball so far off course -- far enough to pass any buffer zones and land in the parking lot, he said.

Williams wasn't familiar with the details of the lawsuit filed by the Eckerstroms, who are suing the Gearhart golf course and golfer.

The Eckerstroms are from Fiddletown, California, a tiny town east of Sacramento. In addition to the $900,000 they seek, their suit also asks for an unspecified amount of medical expenses.

-- Aimee Green

503-294-5119