The state’s high court Tuesday threw out a $5 million jury verdict won by a Kingston couple who said they suffered emotional harm from being bombarded by hundreds of errant golf balls launched from the 15th tee of a neighboring country club, a reversal of fortunes the Supreme Judicial Court said was necessary due to a critical legal error by a judge who handled the trial.
But in the unanimous decision written by Justice Scott L. Kafker, the SJC also returned the litigation between Erik and Athina Tenczar and the Indian Pond Country Club Inc. to Plymouth Superior Court where both sides can once again try to determine how many balls must hit the house before it can be considered unreasonable, at least in legal terms.
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