Indiana Consolidated Insurance Co. v. Mathew case brief

Indiana Consolidated Insurance Co. v. Mathew case brief summary
402 N.E.2d 1000 (1980)

CASE SYNOPSIS

Appellant insurer sought review of the judgment from the Noble Circuit Court (Indiana), which found that appellee, the insured's brother, did not act in a negligent manner so as to be liable for damages done to the insured's garage when a riding lawnmower that the insured was starting caught fire.

CASE FACTS
When the insured's brother was attempting to start a riding lawnmower in the insured's garage, the lawnmower caught fire. The insured's brother tried extinguish the flame, but was unsuccessful, so he ran to his home to call the fire department. When he returned the garage was totally engulfed in flames. The insurer brought an action against the insured's brother, alleging that he breached a duty owed to the insured to exercise due care in starting the lawnmower and therefore stood liable for the damages resulting from his negligence. The trial court found that the insured's brother's actions did not constitute negligence and overruled the insurer's motion to reconsider.

DISCUSSION

• On appeal the court affirmed, holding that: 
• (1) the record supported the finding that the insured's brother did not act in a negligent manner in filling the gas tank; 
• (2) the trial court did not err in determining that the insured's brother was not negligent in starting the mower inside the garage because the fire was not reasonably foreseeable; and 
• (3) the insured's brother did not negligently fail to push the flaming mower out of the garage area because he was reasonably afraid for his safety it the tank exploded.

CONCLUSION

The court affirmed the trial court's judgment that the insured's brother's actions did not constitute negligence.

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