Boy, nine, awarded $16MILLION after being hit in the head by club at Topgolf
A 9-year-old boy's family was awarded nearly $16million in damages after he was struck in the head by a club at Topgolf.
Kristina and David Thomsen filed the lawsuit after their son, Henry, sustained serious injuries in 2021 from being hit, including a fractured skull and brain injury.
Henry required three titanium plates to be placed in his head, according to the filing.
The boy was attending a friend's birthday party at the Hillsboro Topgolf location in Portland, Oregon.
It took the jury of eight members almost two days to reach a verdict.
After a nearly two-week trial in Portland, during which the jury listened to medical experts and witnesses, it ordered Topgolf to pay the sum to the Thomsen family.
The total was $15.8 million, comprising $12.5 million for pain and suffering and $3.3 million for economic damages, according to Oregon Live.
Topgolf was found 97 per cent negligent, while the parents who hosted the event were found 3 per cent negligent, according to the outlet.
Kristina and David Thomsen filed the lawsuit after their son, Henry, sustained serious injuries in 2021 from being hit, including a fractured skull and brain injury
Testimony revealed that the staff did not provide the party guests with a mandatory safety conversation before they started swinging
The family's lawyer, Anne Devlan Foster, urged the jury to award $34 million, claiming that despite the company's record of child injuries at their properties, they continued to allow the issues to occur.
Topgolf's risk consultant, Ken Bolton, highlighted that the venue's most significant issue was patrons, both adults and children, being struck by swinging clubs, most often on the head or face.
An analysis was conducted on two Topgolf locations, Roseville, California, and Hillsboro, where Henry was injured.
They found that from 2019 through 2021, guests were struck 27 times, Oregon Live reports the trial heard.
Lawyer Heidi L. Mandt, representing the company, argued that numerous safety measures were taken to ensure the safety of all patrons.
Safety precautions included 4-inch-wide, red-painted lines on the floor, as well as signs warning people to stay behind the red line to avoid being hit.
A recurring audio safety warning also plays on its sound system, requesting customers to remain behind the red line.
Lawyer Heidi L. Mandt, representing the company, argued that numerous safety measures were taken to ensure the safety of all patrons
Mandt argued that Topgolf was not responsible, but instead the two men hosting the birthday party.
However, testimony revealed that the staff did not provide the party guests with a mandatory safety conversation before they started swinging.
Oregon Live reported that as the judge read the verdict, Kristina cried and hugged her husband.
Foster, representing the family, said: 'We are just thrilled the jury heard what we were saying. This cannot continue.'
Mandt left the courtroom while the Thomsen's celebrated and did not give any comment on the verdict.
The Daily Mail has reached out to Kristina Thomsen and Topgolf for comment.
