Case Summary:
Teenage girl died in a rollover accident. The driver had been drinking, underage, at a party hosted by the debtor. Plaintiffs (the victim’s parents and her estate) brought claims of battery and sexual assault at the party, and wrongful death for the rollover accident. The Plaintiffs sought to have these debts determined non-dischargeable as “willful and malicious injury.” The Bankruptcy Court held that the Plaintiffs failed to prove that any battery and sexual assault occurred, given that the Plaintiffs’ main witness was not credible and remaining evidence was negligible. The Bankruptcy Court also held that any social host liability the Debtor may have had for the accident did not rise to the level of willful and malicious injury in this case. Under the standard of Jendusa-Nicolai v. Larsen, 677 F.3d 320, 322 (7th Cir. 2012), the Plaintiffs failed to prove that the Debtor desired to inflict the victim’s injuries or that he knew they were highly likely to result.
Statute/Rule References:
11 U.S.C. § 523(a)(6) -- Nondischargeability - Willful and Malicious Injury
Key Terms:
Dischargeability - Willful and Malicious