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A Massachusetts couple won nearly $5 million in a lawsuit against a local country club over their property being continuously struck by golf balls during hundreds of incidents in a several-year span.
Erik and Athina Tenczar were rewarded $4.93 million in relation to what they argued was years-long suffering over a "continuous threat" of wayward golf balls striking their property, according to court records obtained by NBC News on Monday (April 25).
A Plymouth County Superior Court jury found the Indian Pond Country Club was at fault for not protecting the couple's nearby home from shots that sliced onto their property.
The Tenczars initially sued both Indian Pond and Spectrum Building Inc., which built their home, but had previously settled with the builders.
“The continuous threat of golf ball strikes occurring at any time prevents the Tenczars from the use and enjoyment of their property,” which is listed on the complaint as being purchased for $750,000 on April 27, 2017.
Robert Galvin, who represented the Tenczars, said he understands skepticism over the couple purchasing the home knowing it was located near the 15th hole and, therefore, prone to being hit by golf balls.
However, Galvin said the couple has had more than 651 instances of golf balls striking their property, rather than dealing with an occasional incident.
The complaint said past incidents have resulted in "multiple broken windows," most notably on July 18, 2018, when a ball "struck a window in the home shattering the glass and terrifying the plaintiffs' young daughter and resulting in the Tenczars contacting the Kingston Police Department to file a report."
"They thought they were buying golf-course-view property and what they ended up buying was a golf-course-in-play property," Galvin told NBC News. "It was apparent to anyone that this house was going to be struck as repeatedly as this one was, they would have never bought this property."