Finding the trial court only partially instructed a jury on a golf ball retrieval easement at issue, the Massachusetts Supreme Judicial Court set aside a $3.5 million verdict in favor of Boston-area homeowners who claim their property was damaged by hundreds of stray golf balls.
On remand, the SJC ordered a new trial in the case of Tenczar v. Indian Pond Country Club. If the case is retried, the jury will be asked to consider if the operation of the golf course’s 15th hole and the number of errant shots hitting the Tenczar home was “reasonable,” according to the state high court’s order filed Dec. 20.
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