66 East Main Street, 3rd Floor Little Falls, NJ 07424

Neck Wound – Not Willful and Malicious

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  • 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.

Court Ruling:

  • 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.