http://blogs.kansascity.com/crime_scene/2006/03/shoot_somebody_.html

Shoot somebody: collect $250,000

March 03, 2006
 A south-central Kansas mechanic who was shot has been ordered to pay at least $250,000 to the man who shot him.
   A jury in Sedgwick County issued the verdict Thursday in a civil case that came 18 months after a jury in a criminal trial found that the shooter had acted in self-defense.
   Keith McGinley, a small-engine repairman, was shot in October 2003.  He sued the shooter, Dan Herpolsheimer, of Mulvane. Herpolsheimer then filed a countersuit for battery and trespassing, saying that McGinley had attacked him and ordered him out of his home, then pulled a knife. Herpolsheimer said he then shot McGinley with a .357 Magnum.
   Besides the quarter million he gets for pain, suffering and mental anguish, Herpolsheimer will now be allowed to seek another $500,000 in punitive damages.

AP Story:

WICHITA, Kan. (AP) — 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.