Sandra Rozinski, on her own behalf and as the administrator of the estate of Harold Rozinski vs. Aberdeen Golf, LLC, et al

Case Background

On April 5, 2022, Plaintiff Sandra Rozinski filed a Premises Liability , Product Liability, and Golf cart accident lawsuit in the Indiana State, Superior Court of Porter County(Case number: 64D02-2208-CT-7329).  Michael J. Drenth presided over this case.

Cause

On September 10, 2020, Aberdeen Golf, LLC operated a golf course in Valparaiso, Indiana, which was managed by Billy Casper Golf, LLC. The golf course hosted a league event that included 76-year-old Harold Rozinski, who had retired earlier that year as a machinist for a steel manufacturer. Another player, Milo Ihnat, also participated in the league that day. Due to COVID-19 restrictions in place at the time, each player was required to remain in their separate golf cart while waiting for their turn at the tee.

The game was scheduled to begin at Hole 10, which sloped downhill, with the carts congregating on the cart path in that area. Ihnat parked his golf cart approximately 20 feet behind Rozinski’s cart and waited for his turn. Meanwhile, Rozinski exited his cart and stood in front of it, possibly preparing to “warm up” for his shot.

At some point, Ihnat decided to move his cart forward to navigate around Rozinski’s stationary cart. He moved at half speed. As Ihnat began to pass, he thought he heard someone shouting to his left. He turned his head toward the noise, momentarily taking his eyes off the path in front of him. During this brief moment, Rozinski walked around the front of his cart and into Ihnat’s path. When Ihnat looked back to the path, he saw Rozinski very close to his moving cart. Ihnat swerved left to avoid a collision but accidentally pressed the accelerator instead of the brake, causing his golf cart to sideswipe Rozinski’s cart and strike him.

Injuries

The impact of the golf cart accident knocked Rozinski to the ground, and he struck his head. Despite immediate assistance and transportation to a local hospital, Rozinski succumbed to his injuries later that day. His death was tragic, and he was survived by his wife of 54 years, Sandra Rozinski.

Damages

The sudden loss of Rozinski, a fiercely competitive golfer and a devoted fan of the Bears and Cubs, left a significant emotional void for his family and friends.

In addition to the emotional damages, there were financial consequences due to medical expenses incurred from the accident, as well as the future financial loss of a devoted family member. The injury led to severe head trauma that ultimately resulted in Rozinski’s untimely death.

Key Arguments and Proceedings

Legal representation

  • Plaintiff(s): Sandra Rozinski, on her own behalf and as the administrator of the estate of Harold Rozinski
    • Counsel for Plaintiff: Todd S. Schafer | Timothy S. Schafer, II
  • Defendant(s): Aberdeen Golf, LLC.| Billy Casper Golf, LLC
    • Counsel for Defendants: Matthew L. Hinkle | Jeffrey S. Zipes 

Claims

The claims in golf cart accident lawsuit focus on negligence regarding the failure to maintain a safe environment for all participants, as well as the potential liability of the golf course management for any lack of sufficient guidance or oversight on cart usage and safety precautions.

The wrongful death of Harold Rozinski, who had his life cut short due to the golf cart accident, is central to the case. His family may file for compensation under claims related to emotional distress, loss of companionship, and loss of financial support, among others. Moreover, there may be claims of negligence in the manner in which the game was conducted, with particular attention to the conditions under which players were required to operate the golf carts amidst COVID-19 restrictions.

The incident, which involved a golf cart accident leading to a tragic fatality, calls into question the responsibility of the golf course management and the individuals involved, as well as the specific circumstances that allowed for this unfortunate accident.

Defense

Aberdeen Golf, LLC defended the golf cart accident lawsuit by denying any wrongdoing and asserting that it was not responsible for the tragic death of Harold Rozinski. The defendant argued that the primary cause of the golf cart accident was the actions of Milo Ihnat, who unnecessarily chose to drive around Rozinski’s cart at half speed, rather than slowing down further to ensure greater caution. Aberdeen Golf also pointed out that Ihnat’s failure to keep his attention on the path ahead contributed to the accident, as he took his eyes off the path to respond to a noise. In doing so, he inadvertently pressed the accelerator instead of the brake, causing the golf cart to strike Rozinski.

In addition, Aberdeen Golf highlighted the actions of Rozinski as a contributing factor to the incident. The defense contended that Rozinski was at fault for exiting his cart and walking into Ihnat’s path without ensuring that the way was clear. According to the defense, this action created a hazardous situation that could not have been anticipated by Ihnat, who was simply trying to navigate around the cart.

To further shift liability, Aberdeen Golf named Ihnat and Billy Casper Golf, LLC as non-parties to the lawsuit. The defense argued that the responsibility for the incident partially rested with Ihnat’s choices and actions during the golf league event, and that Billy Casper Golf, as the property manager, may also share some responsibility for failing to maintain a safer environment on the course.

Jury Verdict

On October 11, 2024, the jury found in favor of the plaintiffs and allocated fault as follows: 60% to Aberdeen Golf, LLC, 40% to non-party Milo Ihnat, and 0% to Harold Rozinski or non-party Billy Casper Golf, LLC. The jury determined that Aberdeen Golf was primarily responsible for the incident, while Ihnat’s actions contributed to the golf cart accident. The jury found no fault with Rozinski for his involvement in the event or with Billy Casper Golf in terms of the premises liability.

After determining the allocation of fault, the jury moved to the issue of damages and awarded the plaintiffs $4,000,000 in compensation for the wrongful death of Harold Rozinski. However, after applying the comparative fault reduction based on the jury’s allocation of responsibility, the final award amounted to $2,400,000. The court entered a judgment for this reduced amount, and Aberdeen Golf, LLC fully satisfied the judgment in accordance with the court’s ruling in a gold cart accident lawsuit.

Court Documents:

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