Court dismisses claim against angry woman who struck husband of antagonist with car
In a typical Henry Saad opinion, the Court of Appeals protected an auto insurer from an injury claim based on a tortured analysis of the law. Billy Joe Chandanais was struck by a car operated by Samantha Wilson. Wilson had become involved in an argument with Chandanais' wife and followed them home to continue the argument. When Chandanais demanded that Wilson leave, she backed her car into him, pinning his leg between her car and another. Chandanais sued, alleging that Wilson's act was intentional.
The Court ruled that despite the factual circumstances, a jury could not infer that Wilson had intentionally struck Chandanais, particularly since Chandanais testified he did not know whether her act was intentional. Since the only non-inferential way to determine whether Wilson struck the man intentionally would be if she acknowledged she did, the Court essentially indemnified individuals from liability for intentional acts--despite the statute holding them accountable.