It what must be one of the boldest lawsuits since McDonald’s was sued because their coffee was hot, a burglar who broke into an Indiana man’s home is suing for permanent damage as the result of being shot by the homeowner. David Bailey broke into the garage of homeowner David McLaughlin in Dunkirk, Indiana and was confronted by the owner.
Bailey pleaded guilty to a related burglary charge but claims he never entered McLaughlin’s garage for the purpose of stealing any of his property. Bailey claims he was fleeing down the alley by the home, when McLaughlin opened fire, hitting Bailey once through the back of his arm. Bailey claims that it has caused permanent damage to his arm after the bullet ripped through an artery. Perhaps Bailey is suing for lost wages considering the fact that his arm in it’s weakened state will make it much harder to pry open locked doors.
The suit was filed by Bailey last week and asks for an unspecified amount of money. Bailey says that McLaughlin fired three shots, one of which just missed his head and one that hit him in the arm.
McLaughlin’s attorney feels that the case does not warrant a judgement, even though McLaughlin was convicted of criminal recklessness and was given sixty days in jail, with another four months of home monitoring confinement. Bailey was convicted for the attempted robbery and was sentenced to electronic home detention for three years:
” My client thinks it’s outrageous and I tend to agree. You don’t ordinarily expect someone to burglarize you and turn around and sue you for damages.”
“I think the claim is absurd. In Indiana every homeowner has a right to defend their property and that may include using a firearm.”