Carl Van Volkenburgh v. Thomas P. McBride

On February 20, 1995 at 1:00, the plaintiff and two co-workers finished their work and decided to go out. The plaintiff and his friends remained out until 7:00 before leaving to go to another bar to drink. After several hours the party went to a wooded area near the first bar. This area had a sign posted that advised "no trespassing". The party was then chased by the defendant, who was holding a gun. The defendant grabbed the plaintiff and while they were wrestling on the ground, the defendant shot the plaintiff three times, in the stomach and the abdomen. The plaintiff was taken the emergency room where he underwent surgery and blood transfusions. He also required a laparotomy and had two sections of his small intestine removed and lost a portion of his right kidney. The defendant was charged with second- degree assault, but received a suspended sentence and probation.

The plaintiff received $135,000 in compensatory damages.

Edward Andres emergency room physcian, St. Joseph, Missouri

Unknown

Affirmed with direction of the Missouri Court of Appeals, Western District. See 2 S. W.3rd 813 (Mo. App. E. D. 1999). Note: The above date reflects that of the appellate court and not that of the original trial. Reported by jjb.