A Distington man who took Workington Golf Club to court after being hit with a ball while playing has had his case dismissed.

Iain Gray, 69, of Winscales Avenue, suffered an injury to his brain in the incident in April 2011.

A county court trial in Workington in February heard that Mr Gray was playing the second hole when he was hit by a ball struck from 220 yards away at the first tee.

In a statement, Mr Gray said he feared he had been millimetres away from possible death.

The golfer, a club member since the age of 17, suffered a punctured skull, bruising and a bleed to his brain.

The court heard he had a continuing increased risk of epilepsy as a result of the focal injury to his brain.

He had since returned to playing on the course.

The court was told the club had not taken steps to reduce or highlight the risk of balls being hit across a copse of trees.

Jonathan Allbutt, expert witness for the golf club, said a response to risk assessments must be proportionate to the risk identified.

He estimated that about 20,000 games were played each year and Mr Gray’s was the only accident of its kind.

The judge, Her Honour Recorder Catherine Howells, dismissed Mr Gray’s claim, stating that the club could not have been expected to foresee or prevent the incident.

She said: “My sympathies are of course with the claimant who sustained a significant injury.

“He was extremely unfortunate to have been hit by an errant ball, the trajectory of which would not reasonably have been foreseen and whose consequences could not reasonably have been prevented.”

Mr Gray said: “Why you suffer significant brain damage that affects your life and family but the law deems you have lost the case, it tells you everything.”

In a statement, the club said: “We are pleased with the outcome.

“The club takes its responsibility for health and safety very seriously for its members and visitors alike.

“Our sympathies are of course with the member who sustained an injury.

“The club has invested a substantial amount of money over a long period of time into health and safety, including the use of third party advisors, and will continue to do so in the future to make the game of golf here at Workington as safe as possible.

“However, golf is not without its risks, known to all players of all abilities on any course.

“Workington Golf Club would like to thank all those who supported the club throughout this uncertain and difficult time.”