Gearhart v. Angeloff

244 N.E.2d 802 (1969)

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Nature of the Case

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Facts

P, then twenty years of age, entered the Elbow Grille and purchased some beer. While he was seated at the bar, another person entered the Grille and caused a disturbance. Karl Angeloff (an appellant), a partner in the business, tried to evict the troublemaker. Karl and the troublemaker fell to the floor. Robert Angeloff, a partner, obtained a revolver and shot across the bar in the direction of the two men on the floor. The bullet grazed the arm of P. The police came and P was seated at the bar. He said nothing to anyone about being shot. P left the bar, but returned with his sister in about a half-hour, telling Ds that he had been shot. He then was taken by his sister to a hospital and there the abrasion on his arm was examined. He then returned home. D testified that he lost between two and three weeks' work because of the injury to his arm. P sued Ds for compensatory and punitive damages. Robert, his wife, Helen, and Karl Angeloff were partners in the operation of the Elbow Grille. Karl was not involved in the willful discharge of the gun. P was awarded damages against Ds and punitive damages against Robert. They were jointly and severally liable. Karl appealed because he did not fire the gun.