“I’m about 5 inches from being an outstanding golfer. That’s the difference my left ear is from my right”

Ben Crenshaw

I. Facts

Foremost and opponents , RM and JS, all faced long putts into a front, far right pin placement on Hole #4 at BMCC. The three putts were all on a similar line on a path down and back up a small valley which bisects the green.

RM was first in line to putt from a distance which in hindsight was about 40 feet. He asked F to replace his lucky one-ounce Donald Trump-imprinted silver coin with something smaller. F replaced the coin with a standard one-pronged plastic BMCC marker identical to the plastic markers readily available at every club. He usually had a couple of these markers in his pocket as well in case the Trump coin, however motivational, presented an obstacle in a putting line as it did in this instance.

RM hit a brilliant putt, up and down and back up the valley, bending right and resting on the edge of the cup for a conceded par. JS putted next from 8-10 feet closer than RM with similar results.

F had knocked a ball in the water, and with his partner, the Rev CS, in his pocket, F had a 10-12 footer left to tie the hole. With his ball replaced, F stepped back to review his line. As he did so, he stepped over (not on) a plastic BMCC marker firmly in the ground 4-5 feet back on the same line.

“Where did this marker come from?”, asked F.

“Was that the spot of your ball?”, asked JS, who was closest to the action. “The marker is firmly in the ground, so it obviously wasn’t dropped.”

F had no memory whatsoever of replacing his ball, although only a few seconds had elapsed. None of the three other players witnessed or recalled this act of replacement either. F checked his pocket, and a couple of the small plastic markers were found.

F’s ball was now lying on the green with a marker four feet behind it.

F assumed he had placed his ball at the spot of his marker, but he had no recollection of the act, and there were no witnesses, and a marker identical to his was firmly in place well behind his now-replaced ball at another location.

F was, of course, then worried about playing from a “wrong place” and automatic loss of hole. He knew he would receive no mercy or sympathy from his opponents even though his playing partner was a man of the cloth.

All the players seemed perplexed by the situation. JS and RM seemed to be enjoying the moment. F thought about it. He then reasoned (to himself) that, had he conceded the issue, and moved his ball to the spot of the marker 4-feet farther away, he might still be accused of playing from a “wrong place” due to his indecision.

F picked up the newly discovered marker and played the closer ball as it had first been replaced. The putt went in for a par and a tie. RM and JS quickly called an infraction.

Issue

Did F play from a “wrong place”?

Ruling

F confesses that he has been unable to find a Rule or Interpretation addressing this particular situation, which at its core relates to a player’s proper identification of his marker. The basic rule is that a player must mark and replace his ball at its “original spot”. (R14.1a). Failure to replace a ball at its original spot incurs the General Penalty, Loss of Hole in Match Play. (R14.7).

The Rules contemplate mixed up balls, but not mixed up markers. (The more common occurrence is a player’s failure to distinguish a provisional ball from his original ball which is found in the same area after being thought perhaps lost or out-of-bounds. (a frequently cited example – a player grabs an unmarked ball from the same sleeve as his original unmarked ball). In this case, the player must pick a ball to play as his “provisional” under penalty of stroke and distance, and the other ball is deemed “lost” (R18.3c(2)).)

As no particular rule or interpretation (that F can find) relates to confusion over marker identification, F finds that the resolution of the issue raised is ultimately one of fact with the question being, did he properly mark and replace his ball?

Certainly, there is no question that F properly marked his ball. He even exchanged markers at RM’s request. And, while F accepts the fact the “found” marker was indeed firmly pressed into the ground, he would note, also, that a few other fools were in the same area, along the same line, any of whom might have dropped and/or stepped on a plastic marker.

More importantly, F finds it inconceivable (and his Readers will surely agree) that F would walk up when it was his turn to putt, and place a ball at an unmarked spot 4 feet closer to the hole! Despite the inattention and general confusion by all, F certainly picked up his own plastic marker, replacing his ball in its original spot. I repeat, certainly! Accordingly, F finds no penalty for playing from a Wrong Place.

The New Rules of Golf 2019 support this decision:

“Many Rules require a player to determine a spot (emphasis added), point, line, area or other location under the Rules, such as … Replacing a ball on its original spot (emphasis added)…

So long as the player does what can be reasonably expected under the circumstances to make an accurate determination, the player’s reasonable judgment will be accepted…”

F feels truly vindicated here as his act was clearly reasonable and his judgment is rarely questioned.

II. Facts

F’s mental fog accompanied him to the mountains. He fished his ball out of the small creek fronting the 16th Hole at HCC and, turning around, could only watch as his unattended golf cart crept into the creek beside him. Who would put a darn creek there?

F and his playing companion, RoRo (who happened to be driving his own cart) tried diligently to get the cart out of the creek.  As F sat in the cart and expertly worked the steering wheel and pedal, RoRo started pushing, all to no avail (Frankly, F thought RoRo could have pushed a little harder if he gotten his back into it and been willing to get his feet wet). Anyway, RoRo seemed much more interested in calling the Pro Shop for help, and more importantly, getting a photo to Club Prez and Reader TD. He advised TD  that “We” had a big complaint.

TD’s reaction and condemnation of F was predictably swift. He talked of potential damages to the Club, including cart and course repairs, as well the increased time and costs incurred by workers involved in the repair efforts, as well as the increased costs incurred by the  golf staff and the entire kitchen and administrative staffs for that matter.

F tried his best to counter this broadside citing the general unreliability of electric vehicles, untested cart braking systems, and the complete lack of any warning signs on the steep cart paths of HCC. F asked how golf carts these days can keep score, order lunch, and stop and beep at you, and make you back up in fairways all the time, yet this cart could sneak quietly on its own into a creek? This had to be the dumbest golf cart in America!

In conclusion, F said he feared this incident might cause him loss of sleep and mental anguish.TD said the Club had already contacted Morgan & Morgan. Battle lines were drawn.

Issue

Was the incident a result of operator error and negligence, or mechanical failure?

Ruling

F is able to report that  the looming litigation was settled quietly behind the scenes. TD graciously penned F a note: “…because of my influence with the club, I think we can keep the cart damage claim to around $5,000 …no need to thank me”. (F thinks the lovely DD spoke to TD in F’s behalf).

F was relieved! Who knows? Perhaps he hadn’t set the brake?

As usual, all comments or corrections are welcome!

Respectfully submitted,

F