A Douglas County district judge has dismissed the suit of a Eudora man who was trying to recover damages from the estate of the man who shot him. But the attorney representing the Eudora man has filed a motion for the court to reconsider its decision.
Judge James W. Paddock dismissed the case of Donald Harris, ruling that the incident in which Harris was shot was a case of battery. Paddock said the one-year statute of limitations to file his lawsuit had expired.
Harris was shot Oct. 27, 1989, in Eudora by Douglas W. Hawley. Harris was permanently blinded by the shooting, and Kimberly K. Hawley, 24, who was the assailant's ex-wife, was killed.
Harris and Mrs. Hawley were sitting together in a pickup truck at the time of the shooting. Douglas W. Hawley was found dead later that night from a self-inflicted gunshot wound.
Harris was seeking more than $50,000 from Roy and Ruth Richards, both of Kansas City, Kan., administrators of the estate of Douglas W. Hawley. The Richardses are Kimberly Hawley's mother and stepfather and the legal guardians of the Hawleys' two minor children.
Don Strole, Harris' attorney, filed the motion to reconsider. Strole claims the case was not one of battery and should focus on Douglas Hawley's intent. In his motion, Strole wrote that Douglas Hawley didn't intentionally shoot Harris but meant to harm only his former wife.