Lipham v. McElroy

BRADLEY, Judge.

Plaintiff Lipham appeals from the alleged inadequacy of a judgment awarding him nominal damages against defendant McElroy.

Lipham filed suit against McElroy for $75,000 in damages suffered as a result of an altercation in which McElroy shot Lipham with a .22 caliber pistol.

Trial was held on December 10-12, 1974. At the trial much evidence was heard as to the circumstances surrounding the incident and the character of the parties. Virtually all of this evidence was in dispute.

However, a portion of the evidence was undisputed: Lipham introduced evidence of hospital expenses of…