In the early morning hours of Sept. 18, 2013, plaintiff Steven Dowdy, a professor of microbiology and a biotechnology business owner, was sleeping in the master bedroom of his residence in La Jolla when his neighbor and former business partner, Hans Petersen, broke into the house and fired a gun into the master bedroom. Mr. Dowdy was struck by a bullet, but his wife, plaintiff Lisa Dowdy, who was also sleeping, was uninjured. Mr. Dowdy then fought off Petersen, who was trying to reload his gun. Petersen fled from the Dowdys’ residence and later presented to the residence of his brother-in-law, also in La Jolla. However, there was a struggle, and the brother-in-law was also shot by Petersen. The struggle between Petersen and his brother-in-law was caught on video footage. Petersen was ultimately convicted on two counts of premeditated attempted murder on Mr. Dowdy and the brother-in-law, but was acquitted of attempted murder of Ms. Dowdy. Mr. and Ms. Dowdy brought a civil action against Petersen. They alleged that Petersen’s actions constituted assault, battery, and intentional infliction of emotional distress. Petersen, who was previously convicted on criminal charges, was not present at the civil trial., Steven Dowdy sustained a gunshot wound and was subsequently taken to a hospital. He claimed that he has mostly recovered from his injury. Lisa Dowdy claimed that she suffered emotional distress from the events. She also sought recover of damages for her loss of consortium.