NELSON V. CARROLL
735 A.2d 1096 (1999)
NATURE OF THE CASE: Nelson (P) appealed the decision of the Court of Special Appeals in
his tort action for battery.
FACTS: D shot P in the stomach in the course of an altercation over a debt owed to D by
P. D, who was described as being a 'little tipsy,' entered the club and demanded repayment
by P of the $3,800 balance of an $8,000 loan. At some point D produced a handgun from his
jacket. Witnesses testified that when P did not give D his money D hit P on the side of the
head with the handgun and when D went to hit him again the gun went off. P testified that he
tendered $ 2,300 to D, that D pulled out his pistol and said that he wanted all of his
money, and that the next thing that P knew, he heard a shot and saw that he was bleeding. P
was sent to the hospital for 4 months. D pled guilty to assault and illegal possession of a
handgun, was convicted, and was serving a seven-year sentence at the time of the civil
trial. D got the verdict. P asserts that D's primary defense that the discharge of the
handgun was accidental is unavailable under the circumstances of this case.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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