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View Full Version : For those who insist a BG will win in civil court


paradox
03-08-2006, 6:53 AM
http://www.charlotte.com/mld/kansas/news/14006064.htm?source=rss&channel=kansas_news

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.

RRangel
03-08-2006, 7:02 AM
Well they don't win as often in Kansas.

rips31
03-08-2006, 4:04 PM
too bad kali ain't kansas.

paradox
03-08-2006, 5:58 PM
I think it would have turned out the same here in Cali.

I would also bet that gun folks in Kansas would probably still go on and on about civil courts and wild court drama about ammo selection.

Thing is, a good shot is a good shot and twelve of your neighbors would most likely agree. No one likes a punk. Everyone tends to enjoy seeing a punk smacked down by their intended victim.

jerryg1776
03-08-2006, 7:46 PM
Thing is, a good shot is a good shot and twelve of your neighbors would most likely agree. No one likes a punk. Everyone tends to enjoy seeing a punk smacked down by their intended victim.

I would like to think the same thing. Its not a jury of "my peers" that worries me. Its a jury of "his peers" that would worry me because all it takes is a few losers to influence or make the verdict come out to where a good decent man is held liable for defending himself, his family and his property whiule the assailent / attacker is rewarded.

Government allows and approves the shirking of responsibility by building a welfare state, and that mentality trickles throughout society at the lowest levels and spreads like a disease until it affects good hardworking decent men and women.