Randall Page, P.C. won a civil jury verdict on Friday, February 12, 2016 in Chesapeake Circuit Court. Andrew R. “Drew” Page represented the Plaintiff in the case. The jury found the defendant liable for simple negligence and awarded compensatory damages of $86,000.00. The facts surrounding the case were that a father and son got into an argument that became physical. After a cooling off period, the son went outside while the father went to retrieve a gun. While the son paced back and forth outside, the father pulled out the gun and fired it, intending to fire a warning shot. Unfortunately, the shot went into the plaintiff’s leg and the plaintiff had surgeries as a result.
In order to be found liable for simple negligence, a plaintiff must prove four things: duty, breach, causation, and damages. People have a duty to conduct themselves as an ordinary, reasonable person under the circumstances. When a person does not conduct themselves reasonably, they breach that duty. The negligent act that breached the duty of a reasonable, ordinary person must be the proximate cause of the injury. And the injury must result in some sort of damage. There are usually two types of damages: compensatory and punitive. Compensatory damages compensate the plaintiff for the injuries, such as payment for medical bills, lost wages, etc. Punitive damages are meant to punish a defendant for conduct that shows actual malice or wilful and wanton conduct. Because this case was decided on simple negligence grounds, punitive damages could not be awarded.
If you have been injured as a result of an accident, consider retaining Randall Page, P.C. While other firms may take your case through the settlement process, many refuse to go to trial, especially before the jury. Our firm has a reputation for taking cases to trial and, as a result, find favorable settlement results. If we cannot settle your case for a reasonable amount, we WILL go to court and try the case. Let us help you protect your rights.