Michigan Court of Appeals rules against defendant Bobby Ferguson in pistol-whipping case

DETROIT (WXYZ) - The Michigan Court of Appeals ruled against Bobby Ferguson on Friday in a civil case in which he was found liable for assaulting a former employee.

Kennedy Thomas sued Ferguson in 2007 over an assault that took place while he was working for him. Thomas said the two got into an argument about Ferguson's wife, and Ferguson struck him in the head with a pistol, leaving permanent brain damage.

Thomas's mother spoke to 7 Action News earlier this year.

"Then (Ferguson) grabbed him by his shirt, threw him up against the wall, put the gun against his face and said if I find out you're lying, I'm going kill your (expletive)," she recalled.

Ferguson would later plead guilty a criminal charge of assault.  In a separate civil case, a jury awarded Kennedy Thomas a $2.6 million judgment. It was later reduced to just over $860,000. 

But Ferguson appealed that verdict, saying it was flawed for a slew of reasons: he said a doctor who testified wasn't qualified, that his defense took a hit when the trial a week-long break, and said Thomas's attorney didn't play fair.  The court of appeals didn't buy any of it.

Today, they tossed Ferguson's appeal. In fact, the court ruled that Thomas is owed $400,000 more. That's good news to he and his family, but they say it's not enough.

"All the money in the world can't bring back my son's health and bring back my son the way he was before this happened," she said.

Reached today by phone, Ferguson's lawyer had no comment on today's news, saying he hadn't yet been served with Court of Appeals ruling.

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