Vernon v. Barrow

In Vernon v. Barrow, 95 N.C. App. 642, 383 S.E.2d 441 (1989), when the defendant entered a lounge owned by him to collect rent, he noticed the plaintiff standing at the bar and demanded that the plaintiff leave the property immediately. Defendant left the lounge and later returned. He again asked the plaintiff to leave. When the plaintiff refused, the defendant drew a gun and fired several shots into the floor of the lounge near the plaintiff's feet, one of which ricocheted into the plaintiff's leg. Our Court held that the "defendant's conduct in firing the gun gave rise to actions for assault and battery and also for negligence." Vernon, 95 N.C. App. at 643, 383 S.E.2d at 442.