Young v. Warren
North Carolina Court of Appeals
383 S.E.2d 381 (1989)
Young broke into his girlfriend's family home and, after an argument, jerked her arm; her father, Warren (defendant), heard the commotion, grabbed a loaded shotgun, and ordered Young out. Once Young was outside on the porch — away from the daughter, who was no longer in any danger — Warren prodded him with the shotgun to move him further from the house, and the gun discharged, killing Young. Warren pled guilty to involuntary manslaughter, and Young's estate (plaintiff) sued for wrongful death; the jury found for Warren.
Whether an individual in a civil action may assert a claim of defense of family to justify an assault on a third party, if the force used was not in excess of that necessary or reasonable.