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9/22/2017 12:11:25 AM
Posted: 3/4/2006 3:48:24 AM EDT
[Last Edit: 3/4/2006 3:49:42 AM EDT by vanilla_gorilla]
Shamelessly stolen from a thread on Glocktalk, Just because this is such cool shit!
Jurors order wounded mechanic to pay $250,000 to gunman
Associated Press
Link

WICHITA, Kan. - A small-engine repairman who was shot has been ordered to pay $250,000 to the man who fired the gun.

The Sedgwick County jury's decision in the civil case also leaves open the possibility that Keith McGinley could be forced to pay punitive damages to Dan Herpolsheimer, of Mulvane.

The verdict was returned 18 months after a jury in a criminal trial found that Herpolsheimer acted in self-defense in the October 2003 shooting.

McGinley, who also goes by the name Keith DeBlasio, initially sued Herpolsheimer. But Herpolsheimer, 53, responded with a countersuit, alleging battery and trespassing.

McGinley's lawyer, Russell Mills, said he will seek 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 and changed details of his story under cross-examination.

However, Herpolsheimer continued to insist McGinley attacked him. After telling McGinley to leave, Herpolsheimer said the drunken man pulled a knife. In response, Herpolsheimer said he shot McGinley with a .357 Magnum.

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

The $250,000 that was sought for pain, suffering and mental anguish is the maximum allowed by law.

"I asked for justice," said Kurt Kerns, who represented Herpolsheimer. "My client has suffered damages in his heart, his spirit and his mind."

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


Talk about turning the tables! Victim was sued, and won, then countersued, and won. I love it!
Link Posted: 3/4/2006 7:09:32 AM EDT
Nothing?
Link Posted: 3/4/2006 7:10:12 AM EDT
That's a helluva precedence to be set
Link Posted: 3/4/2006 7:12:41 AM EDT
I hope he gets some $$$, but I doubt the dirtbag has much to his name. Speaking of names, why does the dirtbag have two aliases?? Only people I've come across with aliases are criminals.
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