Smith Foster King Secures $15.7 Million Verdict Against Topgolf
On September 4, 2025, a federal jury in Portland returned a verdict of $15,774,783.62 for a nine-year-old child who suffered a traumatic brain injury after being struck by a golf club at Topgolf’s Hillsboro facility. The parties later reached a settlement that included payment of the entire verdict plus an additional confidential amount before the punitive damages phase of trial.
The case was tried in the United States District Court for the District of Oregon before Senior United States District Judge Marco A. Hernández. Trial began on August 18, 2025, and concluded with the verdict on September 4, 2025.
The plaintiff alleged that Topgolf failed to maintain reasonably safe premises for its guests. The claims focused on the design of Topgolf’s hitting bays, the adequacy of its warnings, and whether reasonable measures could have reduced the risk that guests would be struck by golf clubs.
The incident occurred on November 11, 2021, during a child’s birthday party at Topgolf’s Hillsboro location. Another child struck the plaintiff in the head while swinging a golf club, causing an open depressed skull fracture, cerebral hemorrhage, and traumatic brain injury requiring emergency neurosurgery.
Case Summary
Smith Foster King successfully obtained a $15.7 million jury verdict for a child injured at Topgolf’s Hillsboro location. Our clients alleged that Topgolf failed to maintain reasonably safe premises for its guests. The claims focused on the design of Topgolf’s hitting bays, the adequacy of its warnings, and whether reasonable measures could have reduced the risk that guests would be struck by golf clubs.
Verdict Details
The jury awarded $3,274,783.62 in economic damages and $12,500,000 in noneconomic damages, totaling $15,774,783.62. The parties later reached a settlement that included payment of the entire verdict plus an additional confidential amount before the punitive damages phase of trial.
Injury Overview
The incident occurred on November 11, 2021, during a child’s birthday party at Topgolf’s Hillsboro location. Another child struck the plaintiff in the head while swinging a golf club, causing an open depressed skull fracture, cerebral hemorrhage, and traumatic brain injury requiring emergency neurosurgery.
Court Proceedings
Case Summary
Court
United States District Court for the District of Oregon
Judge
Senior U.S. District Judge Marco A. Hernández
Defendant
Topgolf USA
Location
Hillsboro, Oregon
Injury
Traumatic brain injury
Verdict
$15,774,783.62
Fault Allocation
Topgolf 97%
Final Result
Full verdict award PLUS confidential post-verdict settlement
Case Details
Incident Overview
On November 11, 2021, during a child’s birthday celebration at Topgolf’s Hillsboro location, a tragic incident unfolded. The plaintiff, a nine-year-old child, was struck in the head by a golf club swung by another child. This unfortunate event led to severe injuries, including an open depressed skull fracture and a traumatic brain injury, necessitating emergency neurosurgery. The case centered on allegations against Topgolf for failing to ensure a safe environment, with claims highlighting the inadequacy of safety measures and warnings at the facility.
Trial Proceedings
Inside the Courtroom
The trial commenced on August 18, 2025, and spanned fourteen days, concluding with a decisive verdict on September 4, 2025. The legal team from Smith Foster King, comprising Anne Foster, Sam Smith, Jaimee King, and Matt Clarkson, represented the plaintiff with diligence and expertise. Throughout the trial, the defense’s motions for summary judgment and judgment as a matter of law were denied, underscoring the strength of the plaintiff’s case. The trial was held before an eight-person jury in the United States District Court for the District of Oregon, presided over by Senior U.S. District Judge Marco A. Hernández.
Plaintiff Recovery Breakdown
The jury delivered a landmark verdict, awarding a total of $15,774,783.62 in damages. This included $3,274,783.62 in economic damages to cover medical expenses and future care, and a substantial $12,500,000.00 in noneconomic damages for pain and suffering. The parties later reached a settlement that included payment of the entire verdict plus an additional confidential amount before the punitive damages phase of trial.
Economic Damages
The economic damages awarded amounted to $3,274,783.62, reflecting the financial impact of the injuries sustained, including medical bills and long-term care costs.
Noneconomic Damages
The noneconomic damages, totaling $12,500,000.00, were awarded to compensate for the profound emotional and physical suffering endured by the plaintiff.
Final Settlement
The parties later reached a settlement that included payment of the entire verdict plus an additional confidential amount before the punitive damages phase of trial.
Prior results do not guarantee a similar outcome. Every case is unique and must be evaluated on its own facts and applicable law.