Court
documents recently filed in Luzerne County reveal that a $90,000
settlement was reached prior to trial on behalf of a Hunlock
Creek man who was shot while turkey hunting at the Forest
Game Project in Wyoming County.
Attorney
Robert Powell of West Hazleton confirmed the settlement on
behalf of Leonard Vance.
Powell
said the case involved the claims of Vance, who was turkey
hunting when he was shot from about 60 feet away by Jason
DuBois, who was 16 years old at the time.
Powell's
theory in the case was that the young DuBois was negligent
for firing at what he thought to be "the tail feathers
of a turkey" that were sticking from behind a tree. The
attorney also rested his theory on the claim that DuBois should
have confirmed his target prior to shooting.
Vance,
46, suffered serious injuries to his face, shoulder, neck
and jaw. According to Powell, the settlement was especially
significant in that there was $100,000 of homeowners' insurance
available to Vance.
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"We
are especially pleased that we secured $90,000 without incurring
the costs and expenses of trial," Powell said.
"In
addition, we would have been faced with the fact that Mr. Vance
removed his orange safety vest, required to be worn by law ,
prior to the shooting... We expected that DuBois' attorney would
have focused the jury on this point."
Powell
indicated that his trial team was prepared to refute this defense
with several national experts in the fields of visual sensitivity
and "line of site" as well as with a nationally known
turkey hunting expert who has appeared on the ESPN network and
nationally broadcast television shows.
"When
the insurance company offered more money than the value of its
policy less trial costs, Mr. Vance eagerly accepted their offer,"
Powell said.
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