HILLSBORO, Ore. – A federal jury has awarded $15.8 million to an Oregon family after their nine-year-old son suffered a severe brain injury when struck on the head by a golf club at a Topgolf facility in Hillsboro.
The verdict, delivered Thursday following a nearly two-week trial before U.S. District Judge Marco A. Hernandez, found Topgolf 97% negligent and the parents hosting the birthday party 3% negligent.
Jury Verdict and Damages
After almost two days of deliberations, an eight-person jury ruled in favor of Kristina and David Thomsen, who sought damages for their son Henry’s life-altering injuries. The jury’s award covers both pain and suffering and economic damages, though it fell short of the $34 million originally requested by the family.
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The Incident
The accident occurred on Veterans Day, November 11, 2021, during a children’s birthday party at Topgolf Hillsboro. According to court records, Henry crossed a red line separating two hitting bays and was struck in the forehead by another boy swinging a club.
The blow fractured his skull, forcing doctors to insert three titanium plates during emergency surgery. The injury has had lasting consequences for Henry and his family.
Pattern of Safety Concerns
Court filings revealed that the Hillsboro and Roseville, California, Topgolf locations recorded 27 incidents of guests being struck by golf clubs between 2019 and 2021. Many of the injuries involved children and frequently affected the head or face.
Videos presented at trial by the Thomsens’ attorneys showed similar accidents involving both children and adults at Topgolf hitting bays, highlighting recurring safety risks at the entertainment venues.
Failure to Provide Safety Warnings
During testimony, attorneys argued that Topgolf failed to deliver standard safety briefings to the party guests before allowing them to hit balls. These warnings are typically required to emphasize the importance of staying behind designated safety lines.
The Thomsens’ attorney further claimed that the birthday party hosts, Jim Watkins and Arthur Hung, shared some responsibility for ensuring the children’s safety. However, the jury assigned them only 3% of the liability.
Family’s Perspective
The Thomsens expressed relief at the jury’s recognition of their son’s suffering, though they had hoped for stronger accountability from Topgolf. “Henry’s life will never be the same,” their attorney said during closing arguments, pointing to the physical and emotional challenges the boy continues to endure.
For Topgolf, the verdict underscores broader questions about safety at its facilities and the need to enforce stricter safeguards for both adults and children.
Conclusion
The $15.8 million verdict stands as one of the largest injury-related awards tied to recreational entertainment venues in Oregon in recent years. While the Thomsen family continues to cope with the long-term impact of their son’s brain injury, the case has spotlighted ongoing concerns about guest safety at Topgolf locations nationwide.
Topgolf has not publicly commented on the jury’s decision.
