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Wight v. Michalko4/29/2005
s no evidence that the father expected or intended any harm to occur to the minor children. However, the Supreme Court reversed and held that it is immaterial that an insured did not intend to cause injury when the plaintiffs' damages "flow from" the otherwise intentional acts of others that do not constitute an "occurrence" under the policy. Id. at 43-44. Therefore, since the damages to the minor children resulted from the intentional, criminal acts of the minor son, there was no "occurrence" and, thus, there could be no coverage.
{ } Here, appellant knowingly picked up a five pound rock and threw it through a first floor window into a home that he knew was filled with partygoers. As such, it was reasonably foreseeable that someone would be struck and injured due to appellant's intentional act. Appellant's guilty plea further constitutes evidence that his conduct was not "accidental." See Manning, supra, at 8. One who knowingly commits aggravated assault necessarily does so with the expectation that harm will result. Western Reserve Mut. Ins. Co. v. Campbell (1996), 111 Ohio App.3d 537, 542.
{ } Again, appellant pleaded guilty to aggravated assault. A conviction for aggravated assault involves the culpable mental state of knowingly. R.C. 2903.12(A)(2). Pursuant to R.C. 2901.22(B), one's specific purpose is irrelevant with respect to "knowingly." The policy at issue provides that coverage may be excluded for acts which are eitherintentional or result from an occurrence caused by an intentional act where the results are reasonably foreseeable. Appellant's conviction involving the mental state of knowingly is sufficient to trigger the exclusion. Smolko, supra, at ; Carreras, supra, at 3.
{ } Based on Mootispaw, supra, it was proper for the trial court to conclude that summary judgment was appropriate.
{ } For the foregoing reasons, appellant's sole assignment of error is not well-taken. The judgment of the Portage County Court of Common Pleas is affirmed.
DIANE V. GRENDELL, J., CYNTHIA WESTCOTT RICE, J., concur.
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