LEWISBURG – A Lewisburg man was awarded more than $700,000 in Greenbrier Circuit Court for injuries sustained when he was shot by a neighbor.
The default judgment was entered July 2 by Circuit Judge Robert E. Richardson in the amount of $716,368, according to the filing.
"Mr. [Bruce] Elswick never answered the complaint," James Barber, the attorney for Junior Ray Holiday, said in an interview with The West Virginia Record. "The judge entered a default judgment."
James Barber
Barber said Elswick and Holiday lived on the same road, which was a rural road in Greenbrier County and that they knew each other.
"Mr. Holiday was on his way home, while Mr. Elswick was on his way away from his home and they passed in their trucks on this narrow road and their mirrors hit each other, as frequently happens on roads like this," Barber said. "Mr. Elswick kept going and Mr. Holiday turned around and followed him."
Barber said Elswick eventually pulled over and Holiday got out of his truck to approach Elswick's truck.
"Mr. Elswick then produced a gun and shot [Holiday] in the face," Barber said. "Little or no words were exchanged before the shooting."
Elswick was arrested and he eventually pleaded guilty to a felony. He is currently on home confinement, Barber said.
"The bullet entered his jaw on the right side and shattered his jaw, but, remarkably, did not kill him to be shot at point blank with a handgun in the face," Barber said. "It took quite a number of screws and metal plates to put it back together and there is still a bullet fragment that shows up on his X-rays that can't be removed due to its location."
Barber said Holiday has some loss of sensation in his jaw, he can't chew on that side and still has some issues with his teeth, among other issues.
"For being shot in the face, he's made a very good recovery," Barber said.
Barber also said Holiday was off work for some time due to the injuries and recovery.
"We had the hearing on damages in February and the judge took everything into account and made his ruling earlier this month," Barber said. "He awarded the medical bills to the penny, interest on the medical bills and $600,000 in general damages."
Barber said the general damages are for pain, suffering, scarring and aggravation.
"We will now undertake collection efforts," Barber said. "Obviously, it was an intentional act and there is no insurance for acts like this, but we believe that Mr. Elswick may own property, but that is yet to be determined."
Holiday filed the lawsuit against Elswick in August. The altercation occurred on Sept. 5, 2015.
Richardson awarded Holiday $104,555 in medical bills, plus interest in the amount of $11,813.28 and the $600,000 in general damages.
