- Case No. 12-11241
- Adv. No. 13-1040
ISSUES: Whether the actions of the debtor Melvin Hampton in connection with an accident in which his car collided with plaintiff John Johnson's car willfully and maliciously caused the injuries Johnson sustained in the accident; whether Johnson's theory of recovery in his state court suit against Hampton judicially estopped him from pursuing a judgment of non-dischargeability under 11 U.S.C. §523(a)(6).
RULING: The court concluded that Johnson did not prove that Hampton was drag racing before the accident that injured Johnson, nor that Hampton's actions in causing the accident otherwise willfully and maliciously resulted in Johnson's injuries under the provisions of section 523(a)(6); the court also concluded that Johnson's state court judgment arose from a claim of negligence on Hampton's part which claim was inconsistent with Johnson's position in bankruptcy court that Hampton willfully and maliciously injured him and thus judicially estopped Johnson from asserting his claim under section 523(a)(6).