The court's holding and decision will be displayed here.

This section contains the nature of the case and procedural background.

D was the sheriff and also suffering from depression. It was caused by his suspicion his wife was having an affair with Brokaw. The drug Pamelor was prescribed. D was instructed not to drink alcoholic beverages while taking this drug. D had obtained a tape recording of a telephone conversation between Brokaw and his wife which confirmed in his mind that an affair was occurring. The day before D saw Brokaw and his wife driving in the same direction, but in separate cars, which added to his belief about an affair. The day of the incident D and his wife had an argument and that afternoon D started drinking. That evening he returned home and struck his wife. Brokaw was dating P. P wanted to tell P what he thought was going on between Brokaw and his wife. D went to the P's home. No one was present. P kicked in the back door. Brokaw and P returned to her home and found the damage. Brokaw called the police department, and a telephone conversation between Brokaw and D occurred as D had gone to that department. D told Brokaw he was going to return to P's home to physically attack him. When D returned to P's home, P attempted to intercede, and D struck P. The police then arrived and subdued D. P sued D in state court and obtained a default judgment for $25,000.00. D filed Chapter 7 and P filed this adversary proceeding to have the judgment debt declared nondischargeable as a willful and malicious injury under § 523(a)(6) of the Bankruptcy Code, P contends because he was taking Pamelor and drinking alcoholic beverages, and his mental capacity to form an intent to act in a willful and malicious manner was impaired. The parties stipulated that was the only issue and a trial was held. D petitioned the court to take judicial notice of the matters in the Pamelor pamphlet.

The legal issues presented in this case will be displayed here.

Legal analysis from Dean's Law Dictionary will be displayed here.