CASE NO. 09-61341, ADV. NO. 09-6096.United States Bankruptcy Court, E.D. Kentucky, London Division.
March 11, 2010
MEMORANDUM OPINION
JOSEPH SCOTT JR., Bankruptcy Judge
This matter having come before the Court on Plaintiff GEICO General Insurance Company’s Motion for Summary Judgment (DOC 10), and a hearing having been held on March 8, 2010, and the matter having been taken under submission, the Court hereby issues this Memorandum Opinion.
FACTS.
On November 3, 2007, Defendant operated a motor vehicle while intoxicated from alcohol, causing a motor vehicle accident. Said accident resulted in personal injury to a passenger in the vehicle.
Defendant admitted to being intoxicated at the time of the accident in a guilty plea in state court.
As a result of the accident, the victim in the accident filed suit against Defendant and Plaintiff in this matter in state court. A settlement agreement and release was entered in that case preserving GEICO General Insurance Company’s subrogation rights against Defendant.
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CONCLUSIONS OF LAW.
This Court has jurisdiction over this matter pursuant to 28 U.S.C. § 1334.
11 U.S.C. § 523(a)(9) excepts from discharge any debt for death or personal injury caused by a debtor’s operation of a motor vehicle if such operation was unlawful because the Debtor was intoxicated.
Debtor has already pled guilty be being intoxicated at the time of the accident in state court. Under principles of res judicata
and collateral estoppel that issue has already been determined.
For those reasons, Plaintiff GEICO General Insurance Company’s Motion for Summary Judgment (DOC 10) is hereby SUSTAINED. This Memorandum Opinion constitutes the Court’s Findings of Fact and Conclusions of Law. A separate order entering Judgment for the Plaintiff shall be entered.
The affixing of this Court’s electronic seal below is proofthis document has been signed by the Judge and electronicallyentered by the Clerk in the official record of this case.
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