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Williams v. Kearbey
Court of Appeals of Kansas
775 P.2d 670 (1989)
- Written by Sean Carroll, JD
Facts
Alan Kearbey (defendant) shot several people at a junior high school. Don Harris and Daniel Williams (plaintiffs) were wounded in the shooting. The plaintiffs brought a civil lawsuit against Kearbey for battery, a tort that contains intent as an essential element. The jury found that Kearbey was insane at the time of the shooting and did not understand the nature of his act. Despite this, the jury found in favor of the plaintiffs. Kearbey appealed, arguing that he could not form the necessary intent for a battery charge because he was insane.
Rule of Law
Issue
Holding and Reasoning (Davis, J.)
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