In a story that combines elements of the old classic case Summers v. Tice and the current debate on gun control, Injured is reporting that a Pennsylvania hunter who was mistaken for a turkey in a shooting has been awarded $4 million by a judge.
In this case, as in Summers, the defendant shot in the direction of the plaintiff thinking the plaintiff was his prey (in this case a turkey) and caused an injury to the plaintiff's eyes. But, the plaintiff's lawyer reportedly argued that the case was not really about a hunting
accident. Instead, he said it is a case about a person (the defendant) who had
no business carrying a gun in the first place. The defendant is a convicted felon who, under Pennsylvania law, should
not have had possession of a gun. Thus, the plaintiff's lawyer apparently stated that the judge
probably wanted to send a message with the $4 million award -- the message being
that individuals who are not supposed to be in possession of firearms
will face severe penalties if they are caught with such a weapon.