Business Law

Case: United States Bankruptcy Court, E.D. Virginia, Richmond Division. In re Walter Calvin WHITE Jr. Debtor.

Facts:

On September 10, 1997, Walter Calvin White (White) shot Ralph Edward Davis (Davis) with White’s handgun; the injury place of Davis is his stomach. And White was arrested for the shooting on November 29, 1978, the Circuit Court of Richmond send him to penitentiary for five years. At the same time on February 26, 1980, White get a judgment he should pay $50,000 to Davis because White hurt Davis is willfully and maliciously.

When the day Davis get shooting, Davis and his brother were washing cars from their mother’s house at the same time White is Davis’s neighbor he was talking with Tipton. In the talking they are argument each other, then White take off the gun and shooting Tipton, but White was missed and the bullet hit Davis in the stomach. Then White fled the scene.

White said he was not really want to shoot people he just want to scare Tipton, but when he take off the gun and fire just because of the rock on the street he fall down and the gun fired, he said it is an accident. The court was not belief him they think White clearly intended to shoot Tipton but he missed target and hit Davis instead.

Issue:

Whether or not should a person be response for shooting with accident to hit other people?

Whether or not defendant should response for intention to shoot and harm people but missed?

Holding:

1. 11 U.S.C. s 523(a)(6). The word "willful" means deliberate or intentional.

2. "Bannister v. Mitchell, 127 Va. 578, 104 S.E. 800, 801 (1920). There need be no actual intent to injure the particular person who is injured. Id.

3. In re Bryson, 3 B.R. 593, 596 (Bkrtcy.N.D.Ill.1980). Although White did intend to shoot Tipton it is clear he did not intend to shoot Davis.

Rationale:

1. The action of shooting plaintiff was a fact, whatever defendant was intention or not, he hurt plaintiff is very clear fact to make defendant get...