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TwitThisLifelong Damage
Robert Dusz rushed to the clubhouse, about 300 yards away, while a caddie ran to the nearby police station for help. Meanwhile, McHugh, who had taken first-aid courses, determined that Maussner had no pulse and wasn't breathing. McHugh also saw that Maussner's jaw was locked. He knew his friend often chewed on a Tums tablet, so he gave him the Heimlich maneuver before he started CPR. McHugh kept his eyes on the sky, watching the storm. The lightning was coming so fast, he felt like he was behind bars. He had to restart his friend's heart three times before medics finally arrived and Maussner was rushed to the local hospital.The doctor gave Maussner a fifty-fifty chance of living. But he survived, spending more than 30 days in a special burn unit, where he received skin grafts and rehabilitation. He suffered lifelong nerve damage in both feet.
Maussner sued the Atlantic City Country Club, claiming it didn't have proper safety procedures in place to protect patrons from lightning. The bolt that Maussner first spotted had been perhaps 15 miles away, and an expert witness reported that there was technology available at a reasonable price that could detect lightning up to 40 miles away. He also said it was common practice for golf courses to provide lightning shelters in strategic places on the course and that the club should have had a siren to warn golfers. Maussner further argued that the country club did not have signs posted about its evacuation plan, nor did it begin telling players to seek shelter at neighboring houses until after his accident. If the club had had proper precautions in place, Maussner said, he would not have suffered the injuries.
The club countered that it had taken reasonable measures to make the course safe for golfers. The staff had constantly monitored the weather. They had posted signs informing golfers they must respond when told to leave the course. The signs also said that the U.S. Golf Association urged golfers to react immediately to lightning by seeking shelter. There was no way that the club could have foreseen the exact place or time the lightning would strike -- after all, the staff saw the lightning at the same time the golfers did.
Should the Atlantic City Country Club be held liable for Maussner's accident?
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