In a gripping legal battle unfolding in Palm Beach County, a local resident has taken action against a fellow county inhabitant and a well-known golf club, alleging negligence that resulted in severe injuries. On November 5, 2024, Chad Arbaugh filed a complaint in the Circuit Court of the 15th Judicial Circuit against Johannes Lodewicus Josewu Van Der Merwe and Boca Rio Golf Club Inc., claiming damages exceeding $50,000.
The case centers around an incident on February 4, 2024, when Van Der Merwe was operating a Ford E350 owned by Boca Rio Golf Club Inc. Arbaugh accuses Van Der Merwe of carelessly driving the vehicle near Palmetto Park Road and Boca Rio Road in Boca Raton, Florida. The plaintiff alleges that this negligent operation led to a collision with his own vehicle, resulting in significant injuries. "As a direct and proximate result of the negligence," Arbaugh claims he suffered "severe bodily injury" which is permanent and will continue to affect him.
Arbaugh's lawsuit not only targets Van Der Merwe for negligence but also holds Boca Rio Golf Club Inc. accountable under vicarious liability principles. According to the complaint, the golf club owned the vehicle involved in the accident and had given Van Der Merwe permission to operate it. Under Florida's dangerous instrumentality doctrine, Arbaugh argues that Boca Rio Golf Club Inc. is liable for any damages caused by their vehicle's operation.
The plaintiff seeks judgment for damages covering pain and suffering, medical expenses, loss of enjoyment of life, and other related costs due to his injuries. Arbaugh asserts these losses are either permanent or ongoing and demands compensation accordingly. Additionally, he requests a jury trial to resolve all issues presented.
Representing Chad Arbaugh is Peter Hunt from Rubenstein Law P.A., located in West Palm Beach. The case is being heard under Case Number 502024CA010587XXXAMB Div: AN at the Circuit Court of Palm Beach County.