A 79-year-old man who was paralyzed by a fall 15 to 20 feet from the illuminated first tee at the Mid Pacific Country Club late at night in 2009 was awarded about $6.2 million in a jury verdict Thursday.
Amar Sappal, paralyzed below his torso and confined to a wheelchair, maintained that he was unexpectedly struck in the head and chest by water from an automatic sprinkler at about 11 p.m. that caused him to become disoriented and fall from the elevated tee at the private country club.
His lawyers had sought a higher amount from the club, but Sappal said he respects the verdict and appreciates the jury that heard the case during a trial in Circuit Judge Gary Chang’s courtroom that spanned five weeks during the holiday season.
"I believe in our jury system, and I think at the end of the day, it’s very fair," he said about the verdict.
His lawyers said as a result of discussions with the private club, Mid Pacific has agreed that there will be no appeal and that the award will be paid within two weeks.
Mid Pacific’s attorney, Arthur Roeca, did not have any comment as he left the courtroom.
The jury deliberated for about two days before finding that Sappal suffered nearly $12.5 million in damages, which would include the costs of 24-hour care for the rest of his life.
But the panel also found that Sappal and the country club were equally negligent, which meant Sappal’s recovery would be reduced to half of the damages award.
Under Hawaii law, Sappal would not recover any of the damages had the panel found him more than 50 percent at fault.
Sappal was 75 at the time of the fall.
He was deputy director of the Department of Transportation under Mayor Frank Fasi and served as board chairman of the Honolulu Public Transit Authority in the 1990s.
His lawyers said many consider him the "father of rapid transit in Hawaii."
Sappal, a guest at the private club, was with his son, Sanjeev, and another man, David Anderson, both members at the time at the venerable Lanikai course that has hosted golfing Presidents Bill Clinton and Barack Obama.
After a round of golf the afternoon of June 30, 2009, Sappal went to the clubhouse with his son and Anderson and ate and drank into the night.
They then went to the putting green next to the tee for a chipping contest, and then to the adjacent first tee where the son wanted to hit a final "aloha" ball into the night when the automatic sprinkler went off, they said.
Mid Pacific lawyers denied the country club was liable. They said no one had ever been injured at the elevated first tee, a feature of the course since it opened in 1928.
They also suggested that Sappal was intoxicated and questioned Sappal’s version of what happened at the tee area, pointing out that reports by a paramedic and a social worker did not mention the sprinkler.
Sappal’s lawyer, Michael Livingston, disputed that his client was intoxicated or impaired.
After the verdict, Sappal stood by his testimony.
"Anybody who says anything else is just speculating," he said.
His son, Sanjeev, vice president of a security company, said they were pleased.
"I’m just happy my dad can take care of his medical needs and live the remaining years of his life the best possible way," the son said.
Livingston suggested to the jury that it return a verdict of $7 million in special damages for medical and other expenses and another $7 million in general damages covering pain and suffering.
The jury returned a verdict of $2.5 million in special damages and close to $10 million in general damages.
Lawyers for the country club and Sappal argued that the other side was negligent and at fault.
Livingston said the award will cover the expensive 24-hour care. There’s always a risk in trial, and a verdict awarding no money would have been "devastating," he said. "I am tremendously relieved and grateful to the jury for returning a verdict that will make a really substantial difference in the lives of his family."
He said they feel "extremely gratified that justice was done."
