Hillsboro Topgolf sued for $15M; child’s skull allegedly fractured by golf club

PORTLAND, Ore. (KOIN) — A Multnomah County family is suing the Hillsboro Topgolf location for $15 million after a 9-year-old boy was allegedly struck with a golf club during a birthday party on Nov. 11, 2021.

The suit, filed by the child’s guardian Kristina Thomsen on June 15, 2023, states that the child was struck in the head by a golf club despite being behind the driving range’s red safety line. The injury allegedly caused the child to suffer a “serious brain injury,” which required emergency surgery.

“As a result of the impact, [the 9-year-old] suffered an open, depressed skull fracture, orbital roof fracture, cerebral hemorrhage and traumatic brain injury,” the suit claims. “His injuries required emergency neurosurgery, including implantation of three craniomaxillofacial titanium plates.”

The injury also caused the child to suffer from facial pain, nausea, headaches, emotional lability, behavioral dysregulation, symptoms of depression, a prominent facial scar and anxiety of suffering future injuries, the lawsuit states.

“Prior to his injury, the [9-year-old] was a talented athlete and participated in a variety of sports including baseball, hockey, skiing, swimming and tennis. In addition to missing out on his favorite activities during his lengthy recovery time, [the boy] experienced anxiety regarding the increased risk of severe brain and/or head injury posed by his future participation in sports and athletic activities.”

In addition to the injuries, the lawsuit also claims that the Hillsboro Topgolf location failed to address, prevent or adequately warn customers of the injuries that can be suffered at the golf range. The suit also states that employees were improperly trained and that they allegedly failed to present golfers with liability waivers prior to the party.

Local attorney Sam Smith, who is representing the injured child, told KOIN 6 News that the case was transferred to federal court on July 14. Parties have been ordered to exchange information related to the case by Nov. 13.

Per the lawsuit, the plaintiff will seek $5 million in relief for economic damages for past and future medical expenses and lost future earnings and $10 million for noneconomic damages for “pain, suffering, mental distress, emotional lability, behavioral dysregulation, anxiety, humiliation, stress, loss of sense of self and interference with normal and usual activities.”

Michael Yoshida, the local attorney representing Topgolf, told KOIN 6 News that he could not comment on the pending litigation.