News, views and top stories in your inbox. Don't miss our must-read newsletter Sign up Thank you for subscribing We have more newsletters Show me See our privacy notice Invalid Email

A man who lost an eye through being hit by a ball during a game of golf is set to receive around £400,000 after a judge in a damages action ruled in his favour.

Novice golfer Anthony Phee, 44, was struck more than four years ago during a round at Niddry Castle golf course in Winchburgh, West Lothian.

He sued James Gordon, the man who struck the bad shot, and the golf club at the Court of Session in Edinburgh, seeking damages for the injury he suffered.

He said it had been a "harrowing experience" to partially lose his sight.

The judge who heard the case, Lord Brailsford, ruled today that Mr Gordon was 70% responsible for the accident. The remaining 30% of liability rested with the golf club for its "failure" to erect proper warning signs on the course.

The final level of Mr Phee's payout will be set at a future court hearing. However, his lawyers said damages have been agreed at around £400,000.

Mr Phee said after the ruling: "I am delighted at the judgment and relieved that the court case is over.

"No-one expects to lose an eye when they go to play golf, and adjusting to partially losing my sight has been a harrowing experience. I now just want to move on with my life."

Mr Phee, from the Manchester area, was playing golf with three colleagues on August 10 2007 when the accident happened. He had not played the course before.

He was struck in the eye by Mr Gordon's mis-hit tee shot which veered sharply to the left, as the four made their way to the 7th hole. The path they were on skirted the 18th hole, which Mr Gordon was playing.

Mr Phee argued that Mr Gordon had played an unsafe shot and was at fault. The case against the club was based on an alleged breach of its duty of care towards the player.

Lord Brailsford found that primary liability for the incident rested with Mr Gordon, saying he had been over-confident in his ability to hit a good shot that day.

He stated: "When Mr Gordon arrived at the 18th tee on the day in question, he made the error of over-estimating the likelihood of his tee shot following its desired or intended path to its intended target and, simultaneously, under-estimating the degree of risk to which his shot would place the pursuer and his three companions then proceeding on the path between the 6th green and the 7th tee.

"On the basis of his own evidence, I consider that these errors were caused by an inflated degree of confidence occasioned by what Mr Gordon considered, wrongly in my view, to be the very good round of golf he was having."

He added: "As a result of this overconfidence Mr Gordon made his tee shot at a time when the exercise of reasonable care should have informed him that there was a foreseeable risk that his shot might be bad and, further, might encroach on the area being traversed by the pursuer.

"I consider that these risks should have been within the contemplation of Mr Gordon because he should have appreciated that every golfer, no matter his or her degree of competence, will make bad shots."

Lawyers defending the case challenged Mr Phee's evidence that he ducked after hearing a warning shout, saying he had actually looked up.

But the judge ruled that Mr Phee had not acted inappropriately, whatever he may have done.

Lord Brailsford also said the golf club should have erected signs alerting path users to potential hazards.

"Experts considered that signs would have been a proper and effective way to draw risk to the attention of golfers and, moreover, that such signs, had they existed, would have been likely to have been heeded," he said.

"I accordingly form the view that the failure to provide signs either at the 18th tee or in the area between the 6th green and 7th tee was a failure of duty."

David Sandison, senior partner of Lawford Kidd Solicitors in Edinburgh, said: "We are delighted that, after a long struggle, Mr Phee has been awarded compensation for his injuries. Damages have been agreed at around £400,000."