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

P, who had been dating D's daughter for several months. P went to the home of D's daughter, who lived with her two children within sight of D's residence. P threw a large piece of wood through the glass in the front door. He then entered the home by reaching through the broken window and unlocking the door. Inside the home, P argued with D's daughter and 'jerked' her arm. D arrived with his loaded shotgun. D heard screaming and saw P standing inside the door. D told P to get out of the house. P exited and stood on the front porch. D was prodding D in the back with the shotgun when it discharged and killed P. D pled guilty to involuntary manslaughter. P filed suit for wrongful death. The verdict went to D, and P appealed.

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