Nov 16, 2009 10:42 pm US/Pacific
Call Kurtis Investigates: Tee'd Off
Hole-In-One Golfer Can't Collect Car He Won
STOCKTON, Calif. (CBS13) ―
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A.J. Hohn next to the Ford Flex he won by getting a hole-in-one.
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A.J. Hohn says it was the biggest thing that's ever happened to him in his life.
"It was a one in billion million shot," he said.
The 23-year-old has golfed since he was four.
"When I'm out here, it's me. I have no one to blame but myself," said A.J.
Perhaps it's his discipline that got him invited to the exclusive St. Andrews Invitational at Stockton's Brookside Country Club in June. As part of the 27-hole tournament, a contest: Get a hole-in-one on the 17th hole and win a $39,000 2009 Ford Flex.
I asked him, "Did you think in your wildest dream you had a chance at winning that car?"
"Not at all," A.J. said while laughing.
That car was parked on the tee of the 17th hole. But as A.J. walked up to tee off, he wasn't thinking about the car. Instead, he concentrated on how he was going to play the par-three hole. He said it was the perfect shot. Swinging that nine-iron, the ball bounced once and ended up right in the hole.
"I had to go check. I was the first person on the green."
A.J. says everyone around him went crazy.
"'Dude you just won a car'," he remembers people saying. "I was still on the fact I just had a hole-in-one, not that I won a car."
Within two hours, the country club mass emailed this to its members congratulating A.J. for the hole-in-one and winning the Ford Flex. The General Manager and the Head Pro also extended their praise.
"They both shook my hand and gave me a hug and said 'congratulations and we'll start to get in touch with the insurance company'," said A.J.
The way these contests work, the country club or a sponsor, in this case Big Valley Ford of Stockton buys insurance. If somebody wins, the insurance kicks in paying for the prize. But three weeks went by and A.J. got a call from Brookside Country Club.
"There's been a misrepresentation in the contract, sorry you do not get the car," A.J. recalls being told.
As it turns out, the insurance Big Valley Ford bought for this day of the tournament was for 18-holes, not the full 27-holes played. This was A.J's 21st hole of the tournament.
"I think any person going through a circumstance like this would be pretty upset," said A.J.
Nobody denies he won the car. He says both Big Valley Ford and Brookside Country Club aren't willing to step up and give him his prize. Each is blaming the other for the insurance mix-up. It's now been five months since the tournament.
"It's complete B.S.," said A.J.
I stood out front of Big Valley Ford and spotted three Ford Flex's sitting on the lot. I asked why A.J. couldn't have one of them. The vice president of the dealership, Darlene Gibbons, tells us they can't afford to eat the cost of the car. As for why they only bought insurance for 18 holes? She says Brookside didn't tell them 27 holes were being played.
Wouldn't you think the country club that put on this tournament would stand by the contest? When I tried to talk with General Manager Graham Leibowitz, he told us we weren't welcome on the property. He did tell us they were sympathetic to A.J., but when we pressed him further, the call mysteriously dropped out. Then moments later we got a call back and we were assured the issue was being addressed.
But after a dozen calls over the span of six weeks to the Country Club and the Dealership, we know one thing for sure. A.J. still doesn't have his car.
"The car is the ultimate ending," A.J. said.
And he says if he has to, he'll take it to court.
McGeorge School of Law Professor Brian Slocum describes A.J.'s case as an attorney's dream. He says it's an easy case to win, and A.J. should never have been put in the middle.
"They should give the car to the golfer as soon as possible, and if they have any disputes between themselves, they should handle that separately," Slocum said.
Getting this hole-in-one and winning a car was supposed to be the biggest thing that has ever happened to A.J. Hohn. It's now overshadowed by his battle to collect what's rightfully his.
"All I did was hit a ball in the hole and was told I won a car, and that's the bottom line," said A.J.
Both Big Valley Ford and Brookside Country Club declined our requests to talk with us on camera. Our calls to Big Valley Ford stopped getting returned.
The attorney representing Brookside Country Club sent CBS13 this letter:
Brookside Country Club Letter to CBS13
Dear Kurtis:
I write for and on behalf of Brookside Country Club to make certain that you are clear as to Brookside's position on the above matter.
A local auto dealer contacted Brookside and offered to sponsor a hole-in-one/win-a-car hole at Brookside's Member/Guest Tournament. Appropriate signage was prepared and placed at the designated hole along with a brand new Ford Flex provided by the dealer. A.J. made a hole-in-one. Regrettably, the dealer has failed to honor its sponsorship promotion.
As it became clear to Brookside that the dealer was not going to give A.J. the car that he had won, Brookside undertook substantial efforts to attempt to facilitate A.J. receiving his prize. The dealer simply will neither produce the car nor meet to discuss a cooperative resolution. A.J.'s attorney, Ron Beckman, indicated that A.J. was going to commence litigation and, therefore, Brookside contacted its insurance carrier to request that they become involved in Brookside's efforts. At this point, these efforts have not as of yet been successful, although they are continuing. We are optimistic that A.J. will get his car.
I also wanted to mention that since the tournament, A.J. has participated in events at the club on more than one occasion and has been welcomed without reservation. A.J. is a victim and deserves to be compensated. Brookside is working diligently toward that goal.
Brookside Country Club Letter to Members
Dear Brookside Members:
I am writing to inform you of a situation that is currently developing. In June, one of our guests attending the Men's Member Guest Tournament won the Hole-In-One contest that a local auto dealership chose to sponsor. As is typically the case, the dealership purchased Hole-In-One insurance against the car they were offering. Unbeknownst to us, the insurance they purchased only covered the first time each player played the hole. The guest achieved his hole-in-one the second time he played the hole.
We were notified that the sponsor would not provide the vehicle to the guest. When the guest was informed, he made a claim that the dealership, the hole-in-one insurance company and Brookside were liable for his new car. The Board of Directors unanimously agreed that the club was not responsible and because of the potential claim turned this matter immediately over to our insurance carrier which rejected the claim as a non-covered expense. We immediately began to work with our club attorney to appeal this denial, a process that has been lengthy as legal matters always are. We also attempted unsuccessfully to bring the parties together to facilitate a resolution.
The guest has sought out Channel 13 and Mr. Fitzgerald of the Stockton Record. Both media outlets eagerly jumped upon the situation and will be running a story with their opinions. Although we have been unable to preview what will be said, Mr. Fitzgerald called me today to inform us, that the guest claims that this is unresolved due to the "rudeness and arrogance of management" will hit the Record Friday the 13th, and that Channel 13 will follow within the week.
I am disheartened by this misinformation- the fact that Mr. Fitzgerald and Channel 13 are choosing to write something that will cast Brookside Country Club in a negative light. It serves only as a distraction from getting this resolved. I encourage you that if questioned about this from the outside community, stand strong in the knowledge that Brookside has been and will be committed to getting this resolved as quickly and as positively for both the guest and for our Club. And yes, this is yet another one of our "Moment's of Truth."
If you have any questions, please do not hesitate to email me, call me, or stop by my office. My door is always open.
Respectfully,
Graham Leibowitz
Your General Manger
gleibowitz@brooksidegolf.net
(209) 444-4714
Ford Corporation Statement
"Upon exploring this, we understand that Brookside Country Club initiated and administered the golf tournament and that Big Valley Ford was invited to supply the car. In such instances, it is the country club's responsibility to accurately communicate the number of holes in the tournament. Given that our dealers are independent businesses and enter these agreements upon the information they receive, I must refer you to Big Valley Ford.
Contact Brookside Country Club & Big Valley Ford and let them know what you think.
Brookside Country Club General Manager
Graham Leibowitz
Phone: 209-444-4714
E-mail:
gleibowitz@brooksidegolf.net
Big Valley Ford Vice President Darlene Gibbons
Phone: 209-870-4400
E-mail:
https://secure.webmakerx.net/Information-Request.aspx?hostname=www.bigvalleyford.com
(© MMX, CBS Broadcasting Inc. All Rights Reserved.)
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