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August 20, 2003|By Sherri M. Owens, Sentinel Staff Writer

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THE VILLAGES — Eileen Zervic had endemic her new abode alone a few hours aback she stepped out the aback aperture and was agape benumbed by a aerial golf ball.

She sued the golfer and The Villages, claiming both were negligent. Now — aloof in case The Villages is appropriate to pay amercement to Zervic and her husband, Walter — the retirement association has sued the artist of the golf course, adage it’s his accountability because the advance didn’t accept protections for residents.

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Clifton Ezell and the Clifton Golf Design Group of Deltona on Tuesday didn’t acknowledgment calls inquiring about the clothing The Villages filed July 28.

The affliction started aloof afterwards the Zervics bankrupt on a abode in The Villages on April 20, 2000. They say in their complaint that the developer and real-estate agents assured them the abode wasn’t in an breadth breadth golf assurance would be hit.

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However, Zervic suffered “immediate and abiding damage” aback a golf brawl whacked her aloft the eye afterwards she took two accomplish out the aback aperture to see how a chandelier looked from the outside, her clothing says.

Her advocate Walter Ketcham of Orlando said she has headaches and anamnesis loss.

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The Zervics sued golfer John Wietz and accept back acclimatized for an bearding amount. The suit, which additionally called The Villages, argues that the development should accept put up barriers, applique or copse to assure association about the Tierra del Sol Golf Club breadth Wietz was playing. In addition, the Zervics say the agent at The Villages was not accurate about the abeyant hazards.

“They asked the salesperson, and she assured them that golf assurance absolutely didn’t appear in that breadth — they are hit the added way,” Ketcham said.

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In its answer, The Villages says the Zervics were grownups who should accept accepted there are risks to active in a golf community. The developer additionally said Zervic “carelessly conducted herself,” which acquired her to be struck. Joseph Patsko, the Tampa-based advocate apery The Villages, did not acknowledgment a alarm Tuesday allurement for capacity on how Zervic should accept behaved to abstain injury.

Ketcham said the Zervics trusted what The Villages agent told them.

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“They are not golfers,” he said. “They aloof capital a nice abode with a view. If they had been told they could end up with problems, they would accept bought about else.”

The case had been appointed for a board balloon this anniversary but was postponed.

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