CC (Jerusalem) 2899/98 - Abu Rian v. The State of Israel
Judgment
Judgment | Judgment / Magistrate's Court | 11.02.2001
CC (Jerusalem) 2899/98 - Abu Rian v. The State of Israel
Judgment
The Court dismisses a tort claim filed by a Palestinian who was injured by undercover agents while leaving a family event. The Court accepted the military's position that the Plaintiff had taken part in stone throwing, despite the fact that no direct evidence of this was presented. The Court interpreted the open fire regulations broadly and erroneously and ruled that although the shots fired by the military and the stone throwing occurred at different times and locations, they can be viewed as a single event and, therefore, the shots which were claimed to have been fired immediately and promptly after the stone throwing were permissible. In addition, the Court deviated from case law in ruling that negligent shooting by soldiers constitutes the tort of battery only, for which there the State has no vicarious liability and from which it is immune, by virtue of the Torts Ordinance. The appeal filed following the judgment was accepted. See linked items.
The Court dismisses a tort claim filed by a Palestinian who was injured by undercover agents while leaving a family event. The Court accepted the military's position that the Plaintiff had taken part in stone throwing, despite the fact that no direct evidence of this was presented. The Court interpreted the open fire regulations broadly and erroneously and ruled that although the shots fired by the military and the stone throwing occurred at different times and locations, they can be viewed as a single event and, therefore, the shots which were claimed to have been fired immediately and promptly after the stone throwing were permissible. In addition, the Court deviated from case law in ruling that negligent shooting by soldiers constitutes the tort of battery only, for which there the State has no vicarious liability and from which it is immune, by virtue of the Torts Ordinance. The appeal filed following the judgment was accepted. See linked items.
