Leonard v. Collins (In Re Collins)

MEMORANDUM

CLIVE W. BARE, Bankruptcy Judge.

I

Plaintiff asserts the nondischargeability of a judgment rendered in his favor in the State Court in the amount of $35,000 as the liability of the defendant for a willful and malicious injury resulting in the death of his son. § 17a(8), Bankruptcy Act (11 U.S.C. 35(a)(8)). 1 Trial was held July 17, 1979. Findings and conclusions follow:

On November 8, 1975, at approximately 10:30 p. m. the plaintiff’s son, Richard Carl Leonard, was a pedestrian on Highway 126 near Central High School in Sullivan County, Tennessee, near the town of Blountville. The…