This section contains the nature of the case and procedural background.

P was engaged in his basic training as a member of the Missouri National Guard. D operates a parking lot just outside one of the main gate entrances to Fort Jackson. P brought a car to the parking lot of D and engaged a mechanic who was present at the lot, though not employed by D to make certain repairs to the car. They returned about a week later, and reclaimed the car, after paying the full repair charges. They then drove in the car to the City of Columbia. They went partying, and by the time they returned to the lot they had consumed some beer and also had some in the car. They noted that the repairs made to the car were not satisfactory and that the clutch thereon was still slipping. They then returned to the parking lot to demand a correction of the condition of the clutch. They drove into the parking lot at an excessive speed, indicating undoubtedly his anger at discovering that the car had not been properly repaired. They were upset and had been drinking, but denied that either of them was drunk. When they demanded that the car be repaired, D stated that the repairman did not work for him and was not then at the lot. P allegedly got out of the car along with his companion, and approached D in a threatening manner, cursing and abusing him. D demanded they leave and when they did not, he went into his office and got a shotgun. With the gun in D's hand, P approached D and took him by the shoulder with one hand, with his other hand in his pocket. D became frightened by the action and the language and believing himself in danger of serious bodily harm, drew back and fired the gun, not at P but towards the ground, hoping that this would induce P to withdraw and to cease any threat of serious bodily harm to him. It was clear that D was not seeking to kill P. P's foot was wounded. P sued D for battery.

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