I would likely sue if insurance couldn't work it out, as with other forms of accidents, while harboring ill will toward only the bad guy.
I'd want the bad guy targeted first.
If I could get what I needed out of the bad guy, the shooter's suit wouldn't be necessary.
If I couldn't, then I'd file against the shooter, because as mentioned you're responsible for every round sent down range.
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Meriam Webster's: Main Entry: ci·vil·ian Pronunciation: \sə-ˈvil-yən also -ˈvi-yən\, Function: noun, Date: 14th century, 1: a specialist in Roman or modern civil law, 2 a: one not on active duty in the armed services or not on a police or firefighting force b: outsider 1, — civilian adjective
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