Tuesday, October 25, 2011

Moody v. Delta Western, Inc. case brief | Firefighter's Rule | Torts

Moody v. Delta Western, Inc.

Subject:
Scope of “firefighter’s rule”.


FACTS

Def.’s fuel truck left in driveway, keys in ignition, door unlocked, against policy. Intoxicated person entered truck, drove around town, caused mayhem. Driver of van with Pl. in it attempted to stop truck by blocking it, truck rammed against van, causing Pl. permanent injuries.


ISSUE
Does the firefighter’s rule apply in Alaska?

HOLDING
Yes, the firefighter's rule does apply in the state of Alaska.


RULES

Firefighter’s Rule: The negligent party is said to have no duty to the public safety officer to act without negligence in creating the condition that necessitates the officer’s intervention b/c the officer is employed by the public to respond to such conditions and receives compensation/benefits for the risks of his position. (Double payment obligation of public).
(Contractor similar - no duty of person hiring contractor, even if resulting from owners own negligence).


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