Case Study: Katko V. Briney

Katko v. Briney
183 N.W.2d 657
Supreme Court of Iowa (1971)

Parties: Katko (plaintiff/appellee) v. Briney (defendant/appellant)

Facts: On July 16, 1967 around 9:30 P.M., Katko and McDonough forced their way into Edward Briney’s uninhabited farmhouse through a boarded up porch window with intent to steal old bottles and fruit jars. Katko and McDonough also admitted to taking items from the house prior to July 16th. During their second visit, the plaintiff entered the north bedroom. After opening the door, a 20-gauge spring shotgun fired and hit Katko above his right ankle bone. His leg and tibia were damaged to the point that amputation was considered. The plaintiff’s action is for damages resulting from serious injury caused by the defendant’s trap. Katko sought relief in actual and punitive money damages. …show more content…
The jury returned a verdict for the plaintiff and against defendants for $20,000 and actual and $10,000 punitive damages. The trial judge overruled the defendants’ motion for a new trial and entered judgement on the verdict, they appealed. Katko also faced criminal charges and plead guilty to larceny in the nighttime of property of less than $20 value from a private building. He was fined $50 and sentenced to 60 days in jail, but was paroled for good behavior. The criminal charges were not reviewed during the civil case

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