Dream Home
The Tenczars believed they had found their ideal house. The brand-new, four-bedroom home boasted 3,000 square feet of living space and a gorgeous, large yard where their daughters could play.
It was situated in Kingston, Massachusetts’s Indian Pond Estates, a neighborhood on a country club’s property. They immediately fell in love and paid $750,000 to buy the house. The family was thrilled to begin their new life, but they soon came to the conclusion that their idyllic rural lifestyle couldn’t have been imagined.
Indian Pond Country Club
The Tenczars relocated to an incredibly beautiful place. Indian Pond Country Club was a championship golf course encircled by gorgeous mansions (Indian Pond Estates) and conservation lands with thick forests.
The 18-hole course, which was tucked away in the hills and extended over 6,800 yards, pleased the Tenczar family with their new residence’s lovely view of the golf course. They imagined dining outside on balmy evenings, spending time in the yard, and watching the girls run about all summer long. But there were drawbacks to living close to a golf course as well.
No Warning
Erik and Athina contacted the developers, voicing worries about the prospect of golf balls flying into their house, as any prudent property buyer would do.
They were promised by the developers that there would be no problems. During construction, there had been an isolated instance where an errant golf ball had struck the property, but it was the only one. Once fears ended, the Tenczars took over. They had no idea at the time how drastically their lives would soon change.
A Close Call
Just one month had passed since the Tenczars had moved into their new house on the Indiana Pond Estates when the issues started. It was the family’s first awfully close call with a golf ball.
In the driveway of the home, Erik was unbuckling his newborn daughter from her car seat when a golf ball shot straight at them. The ball fell at the three-year-old’s father’s feet, narrowly missing the baby. Erik was really happy that the experience, however startling, hadn’t been worse. However, that was only the start.
Raining Golf Balls
In Massachusetts, the golf season runs from April to November. That’s great news for golfers, but not for the Tenczars. That means the Tenczar family’s house was filled with golf balls nonstop for eight months out of the year.
It might not seem like much because golf balls are lightweight and extremely small. They typically strike with tremendous force, though, and are extremely hard. The Tenczars were about to discover the true extent of the destruction that a small golf ball might cause.
Living in Fear
The Tenczars had to live in constant fear of the small white balls for the next five years. “When it hits, it sounds like a gunshot,” Athina told The Boston Globe. She went on, “It’s really terrifying.” Glass broke across the room and fell on the children’s toys as a result of the force with which the balls struck the windows.
The Tenczars reported some of the collisions to the Kingston Police Department because they were so severe and they feared for their life. Their alternatives had run exhausted.
Wearing Helmets
Of course, the threat the golf balls posed to their three girls was far more concerning than the damage to their house. Every time the girls and their friends played in the yard or the neighboring neighborhood, Athina would put them in bicycle helmets out of fear that they would be struck by a flying golf ball and hurt or killed.
Their hopes of having a quiet backyard where the girls could play and run were dashed. They were living in a conflict zone and their dream of a peaceful country life had been dashed.
Paddling Pool Peril
The Tenczars made the decision to attempt having fun as a normal family one steamy summer’s day. They used the hose to fill the kiddie paddling pool after inflating it. With their swimsuits on, the girls were eager to play and splash around.
The pool burst with a massive splash as soon as it was filled, spraying water all over the place. In the middle of the pool, exactly where their daughters would have been, a golf ball shattered. They couldn’t act as though it was safe because it just wasn’t.
More Than 650 Golf Balls
Erik and Athina claimed to have recovered over 650 golf balls from their property in the first four and a half years after moving into their new house, with many of them smashing into the structure.
The tiny white missiles not only put their children’s lives in danger but also seriously damaged the Tenczars’ house, smashing twenty-six windows and creating so many large dents and holes in the siding that it had to be replaced.
No More Repairs
It got to be too much to handle at times. The family eventually stopped fixing all of the broke windows since they were tired of spending a lot of money on repairs only to have the same damage occur again. Rather than attempting to minimize the damage and prevent the balls from going through the openings, they were compelled to cover them with heavy, ugly plastic sheeting.
They could not utilize their yard for most of the year and one side of their house was slowly being destroyed. What other options did they have?
Feeling Trapped
Athina and Erik felt trapped. They knew there was no way out, yet others kept asking them why they didn’t just sell their house and move on. A buyer would never purchase a house in such a place after learning about the Tenczars’ ordeal.
The couple declined to downplay the issue or tell lies. The subsequent owners would face the same situation if they left. Erik and Athina were resolved to make a difference because they felt that this issue needed to be resolved. They had to stop living this way.
Trying to Solve the Problem
The Tenczars made several attempts to get in touch with the Indian Pond Golf Club in an effort to let them know about the hazardous living situation they were in and to work together to find a solution.
But the club didn’t provide a sufficient answer, nor did it show sincere care or empathy. Indiana Pond Country Club felt interested in truly contributing to the problem’s resolution, even though their insurance would have paid for the losses. Athina and Erik were beginning to lose hope.
Psychological Toll
The couple was suffering greatly psychologically from living in Indian Pond Estates in addition to the very real physical risk. Imagine trying to care for your three small children while experiencing continual stress. They had no idea when the next ball would arrive.
Erik said, “We’re always on edge,” to The Boston Globe. He went on, “It’s been emotionally taxing on us.” They had reached their limit. They concluded that action was warranted.
Meet Bob Galvin
The Tenczars recruited Robert (Bob) Galvin as their attorney to pursue the case in court because they were tired of attempting to handle the issue on their own. Galvin was a skilled and accomplished attorney who had been in the legal field for about thirty years. He became aware that he had a case after hearing about the family’s hardship.
He was committed to helping the Tenczar family obtain the necessary resolution since he liked them. Though they knew they still had a long way to go, Erik and Athina were happy that someone was paying attention to their predicament.
They Thought it Was Safe
The Tenczars hired Robert (Bob) Galvin as their attorney to pursue the case in court because they were tired of attempting to handle the issue on their own. Galvin was a skilled and accomplished lawyer who had been in the legal field for about thirty years. He became aware that he had a case after hearing about the family’s hardship.
He was committed to helping the Tenczar family obtain the necessary resolution since he liked them. Though they knew they still had a long way to go, Erik and Athina were happy that someone was paying attention to their predicament.
Searching for Sympathy
Galvin and the Tenczars knew, of course, that when the news got out, some people could find it difficult to feel sorry for them. They had purchased an opulent $750,000 property next to a golf club. Did they not anticipate that there would be issues due to the close proximity to the fairway and the inevitable misplaced golf balls?
However, the case was far more intricate than that. The couple wanted everyone to understand that they were just trying to protect their kids, just like any other loving parent would.
Golf Course View
“They purchased a golf-course-in-play property when, in reality, they were purchasing a golf-course-view property.” Galvin told NBC News, “If it had been obvious to anyone that this house would be hit as frequently as it was, they would never have bought this property.”
However, when it comes to actually comprehending the problem, the public was certain to have more questions. Why didn’t the golf club account for the extent of damage the house would sustain during the building of the course?
Galvin’s Explanation
Galvin was aware that non-golfers could find it difficult to comprehend the problem’s practicality. He wanted everything to be very clear.
The fifteenth course features a wide fairway that runs directly in front of the tee locations, making it ideal for a straight tee ball. According to Golfweek, the lawyer stated that the hole’s description on the course’s website actually encouraged players to try and cut the corner over a sand trap and reach another area that is much closer to the Tenczar home. This put everything in play from errant balls.
Cutting the Dogleg
The couple’s house is situated near the apex of a dogleg or sharp leftward bend on the course. Golfers who were trying to “cut the dogleg” would, therefore, frequently launch themselves off the tee in an attempt to clear a tree line but would ultimately hit the house.
Golfers could not have known where their balls would land because the residence was hidden from view from the tee, although the club was well aware of the property’s location. It was not merely a case of a few overconfident golfers trying their luck; rather, as Galvin noted, this was a regular strategy supported by the golf club itself.
Could Netting Help?
For the Tenczars, filing a lawsuit was their final option. They made an effort to think of workable answers that wouldn’t cause the country club any issues.
“They received an offer to put up a net next to the tee and one on their land. The owner of the course ignored them both and refused to agree to either. No matter how high the netting is erected (even at 80 feet, for example), a ball may still be easily shot over the net from the tee area because their house is located lower than the tee, according to Galvin’s writing, as Golfweek noted.
No Solution
After these proposals were turned down, Erik and Athina were left with little options. “They were utterly helpless to actually solve the issue. In a WCVB-TV interview, Galvin stated that the golf course needed to address the issue.
They believed they had no choice but to sue Indian Pond Country Club after having exhausted all other avenues. They hoped it would be the solution to their issues, even though they knew it would be a taxing procedure.
They Never Wanted a Lawsuit
Athina and Erik didn’t enter this circumstance intending to fight. “Nobody wants a lawsuit, and we never sought one. We made an effort to engage with them politely. After a while, communication ceased, Athina stated to The Boston Globe.
The couple had three young girls to take care of, and the last thing they wanted was to deal with drawn-out court cases. However, they believed there was nothing else they could do to make things right. And the difficult part was about to begin.
The Golf Club’s Response
Of course, there are always two sides to any story, and when the matter made headlines, the Indian Pond Country Club did not like how the couple and their attorney had treated them.
“The claim that the golf course did nothing is untrue. “I don’t think it’s accurate at all to say that we were completely unresponsive,” the Indian Pond Country Club attorney stated in a Boston Globe interview. He asserted that the club worked with the golf course’s architect in an effort to find answers. But it was insufficient.
Two Cases
The Tenczars first planned on suing the golf club as well as the building business that had built their home and gave them assurance that it was safe, in an effort to tackle the matter from every angle. Nevertheless, the latter lawsuit was abandoned when the family and a building company reached a settlement outside of court.
As a result, Indian Pond Country Club became the exclusive focus of their legal actions. Galvin went to work assembling evidence, and the golf club began getting ready for the duel. They had no intention of giving up lightly.
The Trial
The Plymouth County Court hosted the trial in December 2021. The twelve jurors heard testimony over six days regarding the Tenczar family’s mental distress, the damage done to their home, and the logistical issues around the construction of the fifteenth hole.
Throughout the hearings, Erik and Athina were required to give personal testimonies about their experiences residing in the Indian Pond Estates. Galvin was confident, nevertheless, that the pair would be perceived as sincere and worthy of sympathy.
The Testimony
The course could only resolve the problem by building a barrier at the tee, moving the tee, or changing the hole—all of which they refused to do even though the impact and the safety issue were well known—so they are a wonderful, nice couple who were practically begging with the course to help them, according to Golfweek.
Erik and Athina prayed for a favorable decision as they anxiously waited for it. A victory would not only mean they would receive compensation for the significant harm done to their house, but it would also mean that others acknowledged the extreme pain they had experienced. However, they were clueless about how events would unfold.
The Verdict
Finally, after what seemed like an eternity, the jury returned with their verdict. The Indian Pond Country Club cast a vote in support of the Tenczars in their lawsuit against the other party. After Erik and Athina received the verdict, they were elated. It was the confirmation they had been waiting for, at last.
The Tenczars were eager to find out how much money they would be receiving, even though this was the most essential thing to them. The jury had to determine a figure that they thought was reasonable because they had not specified a sum.
$4.93 Million
The couple received an unusual sum of money as compensation. They received $3.5 million for emotional damages in addition to $100,000 for property damages. The entire sum, including statutory interest and costs, was an astounding $4.93 million.
Galvin was taken aback, but he thought the decision was reasonable. “I am not privy to the jury deliberations, but my assumption is that they recognized that this young couple was basically unable to safely use their yard, deck, or even sit in their own home for 4.5 years,” he said, according to Golfweek. “The amount of mental distress damages is significant in this case.”
Never About the Money
Athina and Erik continually insisted that they weren’t pursuing the lawsuit for the money, even with the substantial payout.
Most significantly, we never sued for $5 million; this was never about the money. We simply asked the jury for property damages; we did not even attempt to calculate or request a precise amount of damages for mental pain. According to Golfweek, Galvin stated, “We just asked a Plymouth County jury that heard the evidence to award them what they felt was fair and equitable, and they came back with $3.5 million.” Is the golf club willing to make the payment?
The Country Club Appeals
Indian Pond Country Club was obviously unhappy with the decision. They submitted a plea for the court to step in and change the jury’s decision right after the trial concluded.
The jury’s verdict was upheld by the court, nevertheless. The club concluded that their only choice was to file a court appeal because they were still convinced that the result was essentially unfair. Despite the fact that this was a dangerous approach and would result in further legal costs, the country club’s counsel was optimistic.
Could the Verdict Be Struck Down?
John Flemming, the attorney for Indian Pond, told The Boston Globe following the decision, “I’m extremely confident that the injunction will be struck down.” “In my opinion, as a matter of law, the verdict of $3.5 million for alleged emotional distress is against the weight of the evidence,” he said.
The golf course has yet another issue, too. Although their insurance would pay for the property damages, the main majority of the enormous amount was made up of payments for emotional damages, which were not covered by their plan. Would Indian Pond Country Club go bankrupt if it had to make the payment?
A Simple Fix
In the meanwhile, an easy resolution was achieved, notwithstanding the continuous discord between the family and the country club. The 15th hole’s tee box has been moved back a few meters by the golf course to discourage players from attempting a shortcut and to reward safer, simpler shots that follow the dogleg.
The couple had not seen a golf ball on their land in months after this modification. Considering everything, the answer seems absurdly easy. Why hadn’t the country club just changed earlier, sparing the Tenczars and itself years of annoyance and financial loss?
Bob Galvin’s Take
“All we asked for in the beginning was simple, rapid changes to the tee [box] to resolve the matter. The course refused until it became clear that there was no longer any way to escape this duty. Galvin stated, “It never should have had to come to this,” according to Golfweek.
The victorious attorney was delighted since he never would have predicted to obtain as much money for the Tenczars. He was far from done with the Tenczars, though.
Unnecessary Trauma
According to Golfweek, Galvin stated, “I think what is most important in all of this is to remember that this family simply wanted to be safe in their home and in their yard – nothing more or less.” There is no doubt that all families may identify with this.
Furthermore, it’s difficult to understand why the Tenczar family had to go through more than four years of needless suffering when it appears like there was such an obvious answer. However, the ordeal had not yet ended.
Another Twist
Exactly a year after the Tenczars won their lawsuit, in December 2022, the Massachusetts Supreme Judicial Court unanimously decided to reverse the $4.9 million decision.
The judge who presided over the initial six-day trial made what Justice Scott Kafker considers a “clear error,” which led to the conclusion. According to Golf Digest, it’s believed that the error, which had to do with how the 15th hole operated, would have kept the jury from fully comprehending the fundamental issues that the case rests on. The Tenczars had little choice but to proceed with a new trial after years of tension that they believed to be over.
Overturning the Verdict
The mistake, according to Justice Scott Kafker, kept the jury from deliberating on a crucial issue in the case: whether or not the country club’s fifteenth tee boxes and fairway were operated appropriately.
“In baseball, foul balls and errors are analogous to errant golf balls in golf.” They naturally occur in the game. They show how tough and demanding the sport can be, even for the greatest athletes. As Golf Digest stated, “Golf shots go awry, as a matter of course, despite practice, instruction, technological improvements, and even good golf course design and operation—disputed in the instant case.” This was written by Kafker.
Looking to the Future
The Tenczar family didn’t anticipate that hundreds of flying golf balls would cause damage to their home, frighten their kids, and land them in court when they moved into their dream home in 2017. The Tenczars believed the ordeal was finally ended when they were granted $4.9 million in damages, but the decision was reversed a year later.
As the family begins a new phase of their case, we hope that the modifications made to the 15th hole will allow them to feel secure in their house. We’re really glad to learn that the Tenczar girls can now play in the yard, but who knows what a second trial will bring.
