Torts Keyed to Goldberg
In re White
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On September 10, 1977, Walter Calvin White, Jr., Defendant, reignited an argument with William Tipton that they started a week earlier outside of Defendant’s home. After Defendant had knowledge that he would likely see Tipton, Defendant was carrying a gun. When Defendant took out his gun during the argument, Tipton jumped onto his motorcycle and drove off. Defendant fired his gun at Tipton, but missed Tipton. Instead, the bullet hit Ralph Edward Davis. Plaintiff, in his stomach.Neither Defendant nor Plaintiff previously knew each other. Plaintiff was merely outside, washing a car, approximately twenty five feet away from Tipton when Defendant fired his gun. Defendant later contended that his gun had fired by accident. In November 1978, Defendant was sentenced to five years in prison for injuring Plaintiff. In February 1980, Plaintiff obtained a $50,000 default judgment against Defendant. Thereafter, Defendant filed for bankruptcy, and Plaintiff filed an action in the bankruptcy court to declare Defendant’s debt to him nondischargeable.
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