Intent is Key in Willful, Malicious Conduct Claims

Stittleburg, Philip
January 2006
Fire Chief;Jan2006, Vol. 50 Issue 1, p24
Trade Publication
The article discusses key issues surrounding the case of Arnone v. Connecticut Light and Power Company et al., AC 24596. It claimed that firefighter Todd Arnone's death and injuries were caused by fire chief Edward Pagani's willful and malicious wrongdoing by sending firefighters into the house with a downed power line that he knew and should have known was energized. However, the Appellate Court of Connecticut has ruled that the requirement to prove willful and malicious conduct is to show the actual intent to injure the plaintiff. It has also agreed with the trial court's conclusion that the willful and malicious standard is difficult to meet in emergency situation.


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