Recent Development by J. Lobrano
In August 1986, on a hot and seemingly uneventful day, ballplayers played an Old Timers League Softball game in Franklinton, Louisiana. William Karon Breland, the third baseman, caught Ronald “Bug”' Schilling in a run down between second and third base. Breland stepped aside while making the tag to avoid a collision. After the dust settled, Breland dropped, tossed, or threw the softball in Schilling's direction. The ball struck Schilling on the chin. An aggravated Schilling exchanged words with Breland and then punched him in the jaw. The punch caused unusually severe fractures to Breland's jaw. Doctors wired his mouth shut for twelve weeks, during which time he was unable to eat solid food. Breland also suffered scars on both sides of his face. Breland filed suit, and a jury determined that Schilling did not intend bodily injury to Breland. The court held that Schilling's liability was covered by his insurance policy, even though the policy contained a provision excluding coverage for “intentional acts.”' The Louisiana First Circuit Court of Appeal affirmed the decision. The Louisiana Supreme Court also affirmed, holding that the evidence supported the jury determination that the defendant did not intend or expect the consequences of his act, and that the defendant's insurance company was therefore required to pay the claim. Breland v. Schilling, 550 So.2d 609 (La. 1989).
About the Author
J. Lobrano.
Citation
65 Tul. L. Rev. 443 (1990)