Corley v. Delaney (In re Delaney)

190 B.R. 77
CourtUnited States Bankruptcy Court, W.D. Louisiana
DecidedJuly 28, 1995
DocketBankruptcy No. 92BK-81474; Adv. No. 93AP-8002
StatusPublished

This text of 190 B.R. 77 (Corley v. Delaney (In re Delaney)) is published on Counsel Stack Legal Research, covering United States Bankruptcy Court, W.D. Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Corley v. Delaney (In re Delaney), 190 B.R. 77 (La. 1995).

Opinion

REASONS FOR DECISION

HENLEY A. HUNTER, Chief Judge.

This matter comes before the Court on the complaint of Danny “Bo” Corley, Jr. (“Bo”, “Corley” or “plaintiff’) to the dischargeability of the debt owed to him by the debtor, David Alan Delaney (“debtor”). The plaintiff filed this action seeking a determination that the debt is not dischargeable under 11 U.S.C. § 523(a)(6). This a Core Proceeding pursuant to 28 U.S.C. § 157(b)(2)(I). This Court has jurisdiction pursuant to 28 U.S.C. § 1334 and by virtue of the reference by the District Court pursuant to Local District Court Rule [79]*7922.01 incorporated into Local Bankruptcy Rule 1.2. No party at interest has sought to withdraw the reference to the bankruptcy court, nor has the District Court done so on its own motion. This Court makes the following findings of fact and conclusions of law in accordance with Federal Rule of Bankruptcy Procedure 7052. Pursuant to these reasons, this Court finds that the debt to the plaintiff is not dischargeable.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

The facts of this case were previously litigated in a state court personal injury action brought by Corley against the debtor, the debtor’s father, C.H. Delaney (“Mr. Delaney”) and Mr. Delaney’s homeowner’s insurance company, State Farm Fire and Casualty Company. Judgment was rendered for the plaintiff and the case was appealed to the Louisiana Third Circuit Court of Appeals. The trial court had found Corley 40% at fault, Mr. C.H. Delaney 10% at fault and the debtor 50% at fault. The appellate court basically upheld the trial court, but reapportioned the negligence or “fault” of each party — Mr. Delaney was absolved of fault, Cor-ley was found to be 20% at fault and the debtor 80% at fault. That judgement, entered December 15, 1993, is final.1 Corley v. Delaney, 629 So.2d 1255 (La.Ap. 3 Cir.1993).

The parties to this adversary proceeding stipulated to the introduction of seventeen joint exhibits. Additionally the plaintiff offered the state court proceeding “jury charge” (exh. P-18) and the weapon used by the debtor. Exh. P-19. The debtor offered the state court appellate brief of the plaintiff herein. Exh. D-20. All exhibits were admitted. The parties agreed that it was not necessary to offer any live testimony. After admission of the evidence, the debtor’s counsel made an oral motion for involuntary dismissal to the plaintiffs case. Presumably, counsel was referring to a dismissal under Federal Rule of Civil Procedure 52(c), although he cited another rule at trial.

The underlying facts in this tragedy were summarized by the Third Circuit as follows:

“Bo and David had known each other for about one year before the shooting. Their relationship was described at trial as ‘hot and cold.’ On some occasions they were friendly; on others, they exchanged harsh words, usually about their girlfriends. David testified that Bo verbally abused him but that their differences never led to a fight or even to shoving. Bo admitted that he had threatened to ‘whip’ David in the past.
On the night in question, David and Bo saw each other at a local bar, but they did not speak'. Later, after leaving the bar, Bo became angry about David’s involvement in an earlier altercation between their girlfriends. At 1:00 a.m. he telephoned C.H. Delaney’s residence, where David lived, and asked to speak to David. C.H. answered the phone and then told his wife to see if David was in the house. David had just arrived as Mrs. Delaney began to look for him.
The contents of the telephone conversation between Bo and David were disputed at trial. Bo testified that he wanted to meet David at Camp Livingston, a neutral site, where they would ‘just get it out in the open — either we’re going to be friends or we ain’t.’ According to Bo, David replied that he was not leaving his house but that, ‘If you want me, you can come over here.’ David, however, denied suggesting that Bo come to his house. He testified that he specifically told Bo, ‘Do not come to my house.’ David’s version of the conversation was corroborated by C.H. who was listening on an extension phone and overheard the entire conversation, and by his mother, who was in the same room as her son. Police Chief Spencer Williams offered testimony that corroborated Bo’s version of the - conversation. Chief Williams testified that shortly after the [80]*80shooting David gave a recorded statement in which he stated he told Bo, ‘If you want me, you can come over here.’
After this telephone conversation, David went upstairs to his room where he loaded his 12 gauge, double barrel, sawed off shotgun, which he had recently purchased. Downstairs, C.H. saw David with the gun and told him to put it down. David complied, placing the gun on a table in the foyer. C.H. then went to his bedroom to get dressed.
While C.H. was in his bedroom, David noticed two vehicles approach the Delaney residence. One stayed on the street at the end of the Delaney’s long driveway; the other, with Bo as a passenger, drove toward the house. David re-armed himself with the shotgun and waited on the porch as the vehicle came up the driveway. He then walked through some bushes and appeared near the passenger side of the vehicle. With his finger on the trigger, David pointed the gun at the car and tapped it on the windshield, while saying something such as ‘Get out of the damn car, Danny.’ At that point, the gun discharged, with the shot blasting a hole in the windshield and striking Bo on the right side of his face.
Bo testified that he was shot before he made any movement to get out of the car. He had no recollection of the ten days immediately following the shooting. His injuries, more fully discussed below, include the loss of one eye, legal blindness in the remaining eye, the destruction of bone and facial tissue, and permanent disfigurement.”

629 So .2d at 1256, 1257.

The debtor’s defense is that the incident was an accidental shooting and therefore was not “willful and malicious.” Additionally, the debtor maintains that the episode was an accident and that “all facts relating to this matter were elicited at trial by jury resulting in a judgment based on state law negligence theories, thus, the issues raised in the Complaint are barred by the doctrine of res judi-cata.” See Answer To Creditor’s Complaint To Determine Dischargeability, filed February 12, 1993. The debtor also asserts “various doctrines of estoppel.” Answer, Ibid. The theory of the defense distills to the contention that the shooting was accidental. The defendant further asserts that, because there was recovery in the state courts against an insurer on a policy which excludes willful and malicious injury, plaintiff cannot now prevail.

Applicable Law

The burden of proof on an action to determine the dischargeability of actions under 11 U.S.C.

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Cite This Page — Counsel Stack

Bluebook (online)
190 B.R. 77, Counsel Stack Legal Research, https://law.counselstack.com/opinion/corley-v-delaney-in-re-delaney-lawb-1995.