The family of a man, who sustained traumatic brain injury (TBI) after falling off the back of a golf cart, has settled a $5 million lawsuit with one defendant, according to Reuters. A trial will go forward against the remaining defendant.
New Hampshire Motor Speedway settled a suit brought by the wife of Roderick Jenks, 53, for an undisclosed amount. Jenks, of Wilder, Vt., was a volunteer for charity at the speedway in 2006 when he was thrown from a golf cart that was being driven by an employee of the facility, Reuters reported.
Jenks hit his head on pavement and had to undergo brain surgery. He was hospitalized for several months, but his injuries were so bad that he has difficulty doing basic tasks now, according to Reuters.
Jenks’s wife, who is his guardian, filed suit against the raceway, the golf cart driver and its manufacturer in 2009. That litigation alleged that the raceway was negligent because it didn’t post speed limits for the golf carts and didn’t properly train their drivers, Reuters reported.
A settlement was reached with the raceway and golf cart driver following six hours of mediation, according to the wire service. But the case against Textron Inc., which made the golf cart, will proceed. A trial has been set for July 17.
The lawsuit charged that Textron was negligent because it didn’t warn people not to ride in the back of its golf carts.