TITLE

Intent is Key in Willful, Malicious Conduct Claims

AUTHOR(S)
Stittleburg, Philip
PUB. DATE
January 2006
SOURCE
Fire Chief;Jan2006, Vol. 50 Issue 1, p24
SOURCE TYPE
Trade Publication
DOC. TYPE
Article
ABSTRACT
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.
ACCESSION #
19751855

 

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