On August 26, 1985, as Richard Braun and his sixteen year-old son Michael were leaving Richard Braun's suburban Atlanta home, Sean Trevor Doutre stepped in front of Braun's car and fired several shots into the car with a MAC 11 automatic pistol.
Braun v. soldier of fortune trial#
The evidence presented at trial revealed a sequence of events which have not been the source of much dispute.
A review of the evidence shows that the under the Boeing standard, defendants' motion for judgment N.O.V. There must be a conflict in substantial evidence to create a jury question. should not be decided by which side has the better of the case, nor should they be granted only when there is a complete absence of probative facts to support a jury verdict. The motions for directed verdict and judgment n.o.v. A mere scintilla of evidence is insufficient to present a question for the jury. On the other hand, if there is substantial evidence opposed to the motions, that is, evidence of such quality and weight that reasonable and fair-minded men in the exercise of impartial judgment might reach different conclusions, the motions should be denied, and the case submitted to the jury. If the facts and inferences point so strongly and overwhelmingly in favor of one party that the Court believes that reasonable men could not arrive at a contrary verdict, granting of the motions is proper. 1969) (en banc): On motions for directed verdict and for judgment notwithstanding the verdict the Court should consider all of the evidence not just that evidence which supports the non-mover's casebut in the light and with all reasonable inferences most favorable to the party opposed to the motion. The standard to be applied by this Court in considering this motion was set forth in Boeing Company v. A hearing was held on this motion on January 18, 1991. Defendants have filed a motion for judgment notwithstanding the verdict, or in the alternative for a new trial, or in the alternative, for remittitur. The jury also awarded Michael Braun $375,000 in compensatory damages and $10,000,000 in punitive damages for his personal injury claim. On December 7, 1990, following a five day trial, the jury returned a verdict in favor of plaintiffs and awarded compensatory damages on the wrongful death claim in the amount of $2,000,000. Plaintiffs contended that the defendants were liable for the death of their father and for the injuries suffered by Michael Braun because the defendants negligently published a personal service advertisement in Soldier of Fortune magazine which created an unreasonable risk of the solicitation and commission of violent criminal activity, including murder. Plaintiff Michael Braun also filed a separate action seeking recovery for personal injuries he received at the time of his father's death. ("SOF") and its parent company, Omega Group, Ltd., seeking damages for the wrongful death of their father, Richard F. Braun and Ian Braun filed this action on Maagainst defendants Soldier of Fortune Magazine, Inc. Barrett Prettyman, Washington, D.C., for Soldier of Fortune and Omega. Bailey, Montgomery, Ala., and Hogan & Hartson, E. Gilbert Kendrick, Montgomery, Ala., for plaintiff. Cason, and Moore, Kendrick, Glassroth, Harris & White, Stephen R. Judgment After Remittitur February 6, 1991.
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