Here’s one for the 1Ls out there gearing up for Contracts.
A charity golf event benefitting Nova Southeastern University Orlando offered a Mercedes E Class vehicle as a prize to “Amateur Golfers Only” who snagged a hole in one. Not sure why it needs to be limited to amateurs. A hole in one is a lucky shot. A golfer’s expertise is in efficiently chaining together holes, hitting greens in regulation and a skillful short game. But, if that’s in the deal, that’s in the deal.
The plaintiff, Linda Chen, says she hit a hole in one on the 11th. This is apparently not in dispute. The tournament organizer refused to confer the prize.
Chen filed her lawsuit against Galvin, his company Tournament Golf Events, Mercedes-Benz of South Orlando, which also advertised the prize, and ACE Hole in One, a company that provided hole-in-one coverage for the tournament.
Got all the parties? Good.
The tournament organizer claims that it was the indemnifier, ACE Hole in One, who declined to cover the prize, noting that she worked as a professional golfer.
BUT, she’s an amateur now. According to the USGA, Chen ceased to be a professional and became an amateur in 2000. So Chen may have been a professional last millennium, but the national sanctioning body says that title no longer applies. Barring language in the agreement defining a professional as someone who has or has ever held professional status, which Chen’s attorneys claim does not exist…
Joe Patrice is a senior editor at Above the Law and co-host of Thinking Like A Lawyer. Feel free to email any tips, questions, or comments. Follow him on Twitter if you’re interested in law, politics, and a healthy dose of college sports news. Joe also serves as a Managing Director at RPN Executive Search.