Gratifying outcome.Keith McGinley was shot by Dan Herpolsheimer, and so he sued Herpolsheimer. But at the end of the day, McGinley lost in court, and he now owes Herpolsheimer at least $250,000. He could end up owing as much as $750,000. McGinley ended up on the wrong end of Herpolsheimer's gun when he pulled a knife "in a drunken rage" and attacked Herpolsheimer, reported the Wichita Eagle (Kansas). When this incident went to trial, both the criminal and civil courts decided that Herpolsheimer had acted in self-defense (Law) in protection of self, - it being permitted in law to a party on whom a grave wrong is attempted to resist the wrong, even at the peril of the life of the assailiant. - Wharton. See also: Self-defense , the result being that Herpolsheimer won a counterclaim A claim by a defendant opposing the claim of the plaintiff and seeking some relief from the plaintiff for the defendant. A counterclaim contains assertions that the defendant could have made by starting a lawsuit if the plaintiff had not already begun the action. against McGinley for "battery and trespassing" and "pain, suffering and mental anguish When connected with a physical injury, includes both the resultant mental sensation of pain and also the accompanying feelings of distress, fright, and anxiety. As an element of damages implies a relatively high degree of mental pain and distress; it is more than mere disappointment, ." Herpolsheimer will get $25,000 for past damages, and he'll get $225,000 for future damages. A jury has yet to decide on an amount for punitive damages Monetary compensation awarded to an injured party that goes beyond that which is necessary to compensate the individual for losses and that is intended to punish the wrongdoer. , which could amount to $500,000. The presiding juror juror n. any person who actually serves on a jury. Lists of potential jurors are chosen from various sources such as registered voters, automobile registration or telephone directories. , Pamela Clancy, said the jury found in Herpolsheimer's favor because his story "rang true," while McGinley changed his story under cross-examination. |
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