06:18 PM CST on Wednesday, December 14, 2005

By MELISSA MCGUIRE / KVUE News

An Austin man has filed a lawsuit against a student golfer, her coach and her university, after he was hit in the head with a golf ball.

KVUE News

Matthew Cortez and his brother were playing on a golf course in Circle-C Ranch in Southwest Austin in October, when Cortez was hit by the ball.

The lawsuit states that, without warning, the student athlete from St. Edward's University hit the ball while Cortez was still on the green. The strike knocked Cortez unconscious and caused other injuries. It claims the student golfer was negligent by not waiting until other golfers left the hole and not warning Cortez the ball was headed in his direction.

The suit names the golf coach for not properly training and supervising the student and St. Edward's University for failing to properly supervise the coach.

The attorney representing St. Edward's University said witness statements show Cortez was not on the putting green when he was hit and that the student did yell fore to warn the golfers about the ball. He also said Texas law states a golfer cannot be held liable for such an incident, which was unintentional.

Golfers who spoke with KVUE News say there are obvious risks to being on a golf course. They say they're surprised they don't hear of people more often.

"There's no guarantee where ball's going to go," said Dale Morgan, a golf professional.

Players at Circle-C say they haven't had any problems with other golfers. You just have to use common sense.

"You make sure nobody's on the green before coming in, or they've hit their second shot before you hit your next shot," said Mike Rimm, golfer.

The attorney representing the Cortez family says Cortez is seeking damages including medical expenses, loss of wages and pain and suffering. His brother is also seeking damages for having to witness the incident.