452 B.R. 203
Bankr. S.D. Tex.2011Background
- Debtor James Timothy Peterson filed for Chapter 7; plaintiff Scott Wise seeks nondischargeability under §523(a)(6).
- Plaintiff alleges Peterson punched Wise at a December 5–6, 2009 holiday party, causing medical damages and other harms.
- Prior to the altercation, Wise had an ongoing feud with Peterson due to an affair with Wise's wife Julia Wise and taunting text messages.
- The parties and others attended a party; Wise was intoxicated; Peterson was sober; after verbal exchanges, Peterson punched Wise, knocking him unconscious and injuring him.
- Post-incident, EMS and hospital treatment occurred; medical charges totaled $20,587.75, but adjustments reduced compensable amounts; punitive damages were requested at $50,000.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the punch constitutes willful and malicious injury under §523(a)(6). | Wise contends the punch was deliberate and malicious. | Peterson argues lack of willfulness/malice; defenses of self-defense and defense of third party. | Yes; the act was willful and malicious. |
| Whether self-defense or defense of a third party negates liability. | Wise asserts no justifiable defense. | Peterson asserts both self-defense and defense of third party. | No; defenses do not negate liability. |
| What are the compensatory and punitive damages and their recoverability? | Plaintiff seeks $7,477.10 compensatory (actual paid) and $50,000 punitive. | Argues for limited compensatory recovery and challenge to punitive amount. | Compensatory $7,477.10; punitive $33,333.33; total $40,810.43. |
| Whether prejudgment and postjudgment interest and attorneys' fees are appropriate. | Prejudgment interest and postjudgment interest should followTexas and federal rules; no explicit request for fees. | Not contending otherwise. | Prejudgment interest awarded on actual damages; postjudgment interest allowed; attorneys' fees denied. |
Key Cases Cited
- Kawaauhau v. Geiger, 523 U.S. 57 (U.S. 1998) (requires willful injury, not recklessness or negligence)
- Miller v. J.D. Abrams Inc. (In re Miller), 156 F.3d 598 (5th Cir.1998) (two-prong test for willful and malicious injury: objective certainty or subjective motive)
- Gober v. Terra + Corp. (In re Gober), 100 F.3d 1195 (5th Cir.1996) (narrowing willful/malicious standard; ties to §523(a)(6) effects)