This section contains the nature of the case and procedural background.

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.

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