Willful and malicious injury is one inflicted intentionally without just cause or excuse. It does not necessarily involve the ill will or malevolence shown in express malice. Nor is it sufficient to constitute such an injury that the act resulting in the injury was intentional in the sense that it was the voluntary action of the person involved. Not only the action producing the injury but the resulting injury must be intentional.
The plaintiff was injured when his friend, the defendant, threw a rock and hit the plaintiff in the eye. The plaintiff had severe and permanent injuries as a result. At trial, the defendant raised a statute of limitations defense, but offered no evidence in defense. As a result, trial court held in favor of the plaintiff.
Is the plaintiff barred from recovery under the statute of limitations?
On appeal, the court held that the statute of limitations did not apply because the defendant’s actions were not negligent, but intentional. Thus, the appellate court found no error in the trial court’s denial of the defendant’s special defense.