Court: Lost eye worth $3 mil.

Wednesday, Oct. 10, 2001 | 8:52 a.m.

SUN CAPITAL BUREAU

CARSON CITY -- A Las Vegas man who lost an eye when he was inadvertently hit with a golf club is entitled to a $3.6 million judgment, the Nevada Supreme Court has ruled.

A panel of the court, in a unanimous decision Tuesday, reduced the 1999 jury verdict by about $100,000 for Robert Kukes, but it upheld the remainder of the award against CSR America Inc. and ARC Materials Corp.

The two companies hosted a corporate golf tournament in Las Vegas, and during a discussion about softball, David Ramsey, an employee of ARC, swung his golf club as he would a softball bat. He accidentally struck his friend, Kukes, in the face.

The force fractured several bones and led to the loss Kukes' right eye.

The court rejected an appeal by the two companies that the award was excessive and was due to the passion and prejudice of the jury.

The companies contested $2 million for the loss of an eye, saying it was too high, but the court replied, "There is evidence that Robert underwent four major surgeries, countless appointments and several inter-office surgical procedures. Furthermore, he may continue to undergo such procedures for the rest of his life."

The court did modify the original $3.7 million award. It found that Kukes' past medical expenses totaled only $27,000, not the $98,000 awarded by the jury. It also determined Kukes lost $21,000 in wages, not the $33,600 awarded by the jury.