Gilbert v. Sabin

Plaintiff A. Bruce Gilbert brought suit to recover for medical expenses he incurred for the treatment of injuries sustained by his son Darwin Gilbert in a shooting incident. Plaintiff Karen Gilbert, as next friend of her son Darwin Gilbert, brought an action to recover damages for the same injuries. The two actions were heard together in a bench trial, and the trial judge found for plaintiffs, awarding $7,334.65 for medical expenses incurred and $120,000 in damages. Defendants appeal by right.

The shooting occurred on July 16, 1971. About two weeks previously a friend left a .22-caliber…