Massive TBI Verdict Against Topgolf! with Chris Hammons & Anne Foster

Topgolf was warned in 2012. A risk manager photographed the exact spot, flagged it, recommended safety barriers. Almost a decade later, a nine-year-old boy was struck in that same spot at a Portland birthday party and left with a traumatic brain injury — three metal plates now holding his skull together.

Anne Foster, founding member of Smith Foster King in Portland, tells guest host Chris Hammons how she built the case around a decade of ignored warnings, turned Topgolf's own marketing tagline against the blame-the-parents defense using focus groups, and forced Topgolf to pay the full verdict plus an undisclosed amount to avoid punitive damages.

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Episode Snapshot

• After 25 years defending at Dunn Carney in Portland, Anne transitioned to plaintiff's work and found it transformed her career: "I found my life's dream. It wasn't just being in the courtroom, but I was actually helping to change people's lives."
• On Veterans Day 2021, a nine-year-old boy attending a birthday party at Topgolf Portland was struck in the head by a golf club — suffering a fractured frontal lobe requiring three permanent metal plates — when Topgolf's Bay host failed to provide the required safety tour to any of the bays that day.
• Philadelphia Insurance's risk manager had visited Topgolf locations as early as 2012 and recommended installing physical barriers, even photographing people standing exactly where the boy was later struck; Topgolf was told more than 10 times to put up a railing and never did, even as the chain expanded from a handful of stores to 100 locations nationwide.
• Anne found Topgolf's own website marketing language for kids' birthday parties — "You invite the kids, we'll take care of the rest" — and tested it in focus groups; skeptical mock jurors who had blamed the parents immediately shifted when confronted with that phrase.
• West Coast incident data produced in discovery showed hundreds of injuries over five years, the majority involving children, with 90% being strikes to the head and neck.
• To convey the brain injury's impact to the jury, Anne went beyond medical evidence — using adult family friends who were both teachers to testify about the boy's behavioral changes, and building the examination around stories she could reference visually in closing.
• Topgolf ultimately paid the full jury verdict plus an additional undisclosed amount rather than proceed to a punitive damages trial; the resolution followed a jury finding that the boy had done nothing wrong.

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