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Hall v. State Farm Fire & Sasua

12/24/2001

all.' We disagree. State Farm presented sufficient evidence for the jury to conclude that although Hall did not intend to pull the trigger, his willful and malicious acts provoked the struggle during which the gun discharged.


In other words, Truong's injuries resulted from Hall's malicious acts of getting out of the car, yelling racial and gang-related epithets, engaging in a verbal confrontation with Truong, and then pulling a loaded gun during the confrontation. The verdict, therefore, is not inconsistent.


We have examined the rest of Hall's assignments of error and find them to be meritless, inadequately briefed, or waived for lack of objection below. In addition, because we hold in favor of State Farm, we need not consider the merits of State Farm's cross-appeal.


Affirmed.






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