NEW YORK (CN) – An insurance company is liable for injuries to a teacher’s aide who was hit by a flying garbage can during an eighth-grade food fight, the New York Appellate Division ruled.
Elsa Medrano was working at Middle School 202 in Ozone Park when the food fight started. Robert Filer tossed the garbage can that hit her.
State Farm, Filer’s insurance company denied coverage. It claimed it was not responsible for willful or malicious acts.
The appellate division agreed with the trial court that Filer’s testimony that he didn’t mean to injure Medrano made the injury an accident, which State Farm must cover under the Filer family’s homeowner policy.
“Although such injury may have been the result of Filer’s conduct,” the judges ruled, “it was not the result of a willful and malicious act.”