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OLEAN MAN SHOT BY TURKEY HUNTER GETS $101,000

PREMISES LIABILITY

An Olean man mistaken for a turkey near the start of spring turkey hunting season received a settlement of $101,000.  The victim, dressed in camouflage, was using a turkey call while sitting on a stump and carrying a hen turkey decoy in a net mesh on his back at the time of the shooting. The victim was stuck by more than 100 pellets from another hunter's 12-guage shotgun. About 70 pellets remain embedded in the victim's right arm, shoulder and back.  The victim's lawyer, Francis Letro pointed out that the hunter who shot the victim, had been attracted by the sound of a hen turkey call and had shot a hen decoy despite the fact that only tom turkeys can be shot in the spring turkey season.