- Large fire pit at a July 4th Party.
- Person injured alleged that person attending the party (“Partier”) showed him a blank round of ammunition and said he was going to throw it into the fire pit.
- Partier denied telling anyone that he was going to toss anything in fire.
- Injured party was treated by hospital staff and advised that the metal object in the neck was not consistent with a fragment from a bullet; he filed suit against “partier”.
- Partier filed bankruptcy.
- Injured party did not prove that his injury was caused by a bullet.
- “Partier” did not know injured party and there was no reason to believe he wanted to hurt anyone.
- Court did not believe that the Partier intended to hurt anyone – the wrongful act was not willful and not malicious.
Accidental injuries are not willful and malicious.