Shoot someone, get sued, and money changes hands...


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SomeKid
March 4, 2006, 04:37 AM
http://www.kansas.com/mld/kansas/14006064.htm

It is true, if you shoot someone in self-defense, you may get sued civilly.

A lot of money changed hands here, I bet he was sorry he did what he did.

(Yes, I am being vague and making you read the story.)

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Warren
March 4, 2006, 04:41 AM
HAHAHAHAHAHAHA

Zen21Tao
March 4, 2006, 05:00 AM
LOL..... I love it. Maybe assailents turned "victims" will think twice before suing someone that just did what was required to defend thenselves.

homeka45
March 4, 2006, 05:00 AM
A most sensible jury, plus the perps ambulance chaser gets didley squat.:neener:

Zen21Tao
March 4, 2006, 05:31 AM
A most sensible jury, plus the perps ambulance chaser gets didley squat. :neener:

I bet he worked both the criminal and civil cases on a contengency basis for a percentage of the civil recovery. I guess he earned his percentage of nothing. But, real justice would be if the lawyer had to pay a percentage of the attackers loss. :D

Jeff White
March 4, 2006, 05:58 AM
Well, since you forced everyone to read the story, I thought I would put it here. It's always a good idea to cut and paste the article or if it's a very long one, at least enough so that we can get the gist of the story. This not only helps people on dial up connections who may be having to load a page full of pictures, it helps things months down the road. Links on news sites often go dead fairly quickly, and then if someone brings the thread up in a search, it's often impossible to find the article everyone is commenting on.

Jeff


He gets shot, he sues, he pays
The jury in dueling civil lawsuits decides that the man who shot another man was the one who was wronged.
BY RON SYLVESTER
The Wichita Eagle

A mechanic wounded by a gunshot should pay the man who shot him at least $250,000.

That was the verdict Thursday of a Sedgwick County jury, following legal battles that have paraded through both the criminal and civil district courts.

The lawsuit ended nearly 18 months after a jury in a criminal trial found that Dan Herpolsheimer of Mulvane shot Keith McGinley in self-defense.

McGinley sued Herpolsheimer, who responded with a counterclaim for battery and trespassing.

Now, McGinley stands to lose another $500,000, because Thursday's verdict allows Herpolsheimer to seek punitive damages, which can equal up to three times a jury award.

Russell Mills, McGinley's lawyer, said he'll ask Sedgwick County District Judge Eric Yost to strike the verdict and give him a new trial.

"We recognized this was an unusual verdict, finding against a man who was shot," said presiding juror Pamela Clancy. "But we really felt like Dan was the victim here."

Clancy, herself a lawyer, said McGinley became argumentative during his testimony and changed details of his story under cross-examination by lawyer Kurt Kerns. Kerns represented Herpolsheimer in both the criminal and civil trials.

Herpolsheimer, meanwhile, told the same story he'd given to police after the shooting in October 2003:

In a drunken rage, McGinley attacked Herpolsheimer. Herpolsheimer ordered McGinley out of his home. McGinley pulled a knife, causing Herpolsheimer to shoot him with a .357 Magnum.

"Dan's story rang true," Clancy said.

Herpolsheimer, 53, asked for $250,000 in pain, suffering and mental anguish -- the maximum allowed by law.

"I asked for justice," Kerns said after the verdict. "My client has suffered damages in his heart, his spirit and his mind."

The jury calculated $25,000 in past damages and $225,000 in future damages for the award.

Said Clancy: "We figured Dan (53) had a life expectancy of 26 more years. About 10 percent of his life was three years ago. That left $225,000 for the rest of his life."

The jury decided the seriousness of McGinley's attack called for punitive damages.

McGinley, who also goes by the name Keith DeBlasio, works as a small-engine repairman.

Herpolsheimer owns Warming Trends, a dealer of wood stoves and fireplaces.

k_semler
March 4, 2006, 06:02 AM
I don't have to worry about that in WA State. In cases where self defense shall be ruled the cause, I cannot be held civilly liable by the shot person, thier reletives, or thier friends. Also, court costs are waived for a positive self-defense verdict. About the only bitch I have with WA is the outright ban on NFA devices, (except for silencers and AOW, those are allowed).

brufener
March 4, 2006, 12:19 PM
Thats a pretty good idea - sue the person who you had to shoot in self defense. The only problem I see is it being worth lawyer's fees. If you could get a lawyer to sue on a contingent fee for money collected, then you would be good to go. The way I see it, most people who get shot while attacking homeowners (or burglarizing homes) don't have any money to pay the court judgment.

4v50 Gary
March 4, 2006, 12:21 PM
Just another reason why we need tort reform in this nation. No right of self defense anymore without it.

Kurt_M
March 4, 2006, 12:28 PM
Gary, did you read the article? The crook is the one who has to pay, not the good guy. I'm all for it!

RaetherEnt
March 4, 2006, 12:48 PM
Wow! Finally something I can really call justice in my home state of Kansas. If we could only get these jurors elected, maybe we would FINALLY join America and get our CCW.

trickyasafox
March 4, 2006, 12:55 PM
i doubt something like this would ever happen in new york, this smells to much like sensable justice

ChickenHawk
March 4, 2006, 01:05 PM
Actually, this quote bothers me a bit:

"We recognized this was an unusual verdict, finding against a man who was shot," said presiding juror Pamela Clancy. "But we really felt like Dan was the victim here."
I guess they came to the right conclusion, but it has the feel of a statement from people who don't understand the right (and the need) for people to be able to defend themselves.

Anyway, good story!

ChickenHawk

Jubei
March 4, 2006, 01:16 PM
All I can say is; "B.D.T. - 'Bout D*mn Time" It gets so annoying to keep hearing about the BG sueing and winning a boat-load of money for being a dill-monkey. "I was trying to rob this guy and he stuck his finger in my eye struggling with me. Now i have headaches and people laugh at me. If he woulda just given me his money this wouldn't have happened."

Too bad part of the settlement wasn't the option to waive the money and just shoot him again.:D

Jubei

erik the bold
March 4, 2006, 01:35 PM
I brought this up a few weeks ago: http://www.thehighroad.org/showthread.php?t=183497

B.D.T. indeed!

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