Trial begins in case of man alleging he was hit by shooting range's stray bullet

Acera

TGT Addict
Jan 17, 2011
7,623
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Republic of Texas
I think that it will be a hard case for the range to win. The testimony from the power company guys will not help. I remember the earlier thread about the problems this range has had and one of the things mentioned then was the power lines and poles being shot. However the low berms that were in place will probably be the deciding factor.

In a civil case the burden of proof is lower than if it were a criminal case.

Ealier thread for those interested............ http://www.texasguntalk.com/forums/...-shut-down-garland-public-shooting-range.html
 
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Renegade

SuperOwner
Mar 5, 2008
8,266
113
Texas
Theoretically, it should be an easy case to win. There is nor a single shred of evidence the bullet came from the range. None, nada, zilch.

Problem is, with CSI effect and folks making verdicts based on hunches and stories, and prosecutors keeping intelligent folks of juries, the range owner is probably hosed.
 

Acera

TGT Addict
Jan 17, 2011
7,623
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Republic of Texas
Case decided.

Homeowner struck by stray bullet awarded more than $1M in gun ra - Dallas News | myFOXdfw.com

Homeowner struck by stray bullet awarded more than $1M in gun range lawsuit

Posted: Dec 12, 2013 5:42 PM CST Updated: Dec 12, 2013 5:42 PM CST By: Becky Oliver - bio | email
Adapted for Web by: Sarah Crandall - email


A Dallas County jury awarded a Rowlett homeowner more than $1 million Thursday in a controversial gun range case. The homeowner, Mike Domin, was struck by a stray bullet while working in his backyard more than three years ago.
The jury only took a few hours to deliver its decision -- they found James Day and the Garland Public Shooting Range negligent, and awarded the homeowner money for his pain and suffering, medical bills and anguish.
Day's attorney argued there was no proof that the bullet that hit Domin came from the range. He claimed it could have come from the nearby landfill where people shoot guns.
But Rowlett police and a ballistics expert testified they believed the bullet came from the range.
Domin and his attorneys were pleased with the decision, while Day and his attorney had no comment as they left the courtroom.
Back in 2012, two other homes were hit by stray bullets. That year, the City of Rowlett sued the gun range, forcing the owner to make a number of safety improvements.
James Day was not carrying any insurance at the time of the shooting, so Domin's attorney says that may mean they go after the range to collect, which means the future of the range could be up in the air.
 

Flewda

Well-Known
Apr 5, 2012
1,179
38
Ohio (But my heart is in Texas)
Isn't Eagle Peak here in Austin (Jonestown) owned by the same group? I know ranges do well and all but well enough to absorb a million dollar payout? Wonder if Eagle Peak will also shut down (if they do at all).

And I can't imagine how it was possible for that guy to not have insurance on his business, especially one like that. Guess they figure most incidents could be blamed on the shooters and not the range.
 

AustinN4

TGT Addict
Nov 27, 2013
9,868
113
Austin
Isn't Eagle Peak here in Austin (Jonestown) owned by the same group?
It would appear so: Eagle Peak & Garland Public "+nowtitle+"
 
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