Moody v. Delta Western, Inc.
38 P.3d 1139 (2002)
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Rule of Law:
The Firefighter's Rule bars a firefighter or police officer from recovering damages from a private party for injuries caused by the negligent conduct that created the very occasion for the officer's engagement.
Facts:
- A Delta Western employee left a company fuel truck unattended in a driveway with the keys in the ignition and the door unlocked.
- This was contrary to a Delta Western company policy, enacted due to prior incidents of theft and unauthorized entry.
- Joseph Coolidge, who was highly intoxicated, stole the unlocked fuel truck.
- Coolidge proceeded to drive the truck recklessly around Dillingham, speeding and nearly colliding with multiple vehicles.
- Brent Moody, the chief of the Dillingham Police Department, responded to reports of the recklessly driven truck.
- During the pursuit, Coolidge rammed the van in which Moody was a passenger.
- As a result of the collision, Moody was thrown against the dashboard and windshield, suffering permanent injuries.
Procedural Posture:
- Brent Moody sued Delta Western in the Alaska Superior Court (trial court), alleging negligence.
- In its answer, Delta Western asserted that the 'Firefighter's Rule' barred Moody's claim.
- Delta Western filed a motion for summary judgment based on the Firefighter's Rule defense.
- The superior court granted summary judgment in favor of Delta Western, dismissing Moody's case.
- Moody, as the appellant, appealed the superior court's decision to the Supreme Court of Alaska.
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Issue:
Does the Firefighter's Rule bar a police officer from recovering damages from a party whose negligence created the occasion for the officer's presence and subsequent injury?
Opinions:
Majority - Matthews, J.
Yes. The Firefighter's Rule bars a police officer from recovering for injuries caused by the negligence that created the need for the officer's presence. Adopting the rule followed by the overwhelming majority of states, the court held that sound public policy prevents recovery in such cases. The public already compensates public safety officers through salaries and benefits for the inherent risks of their profession. To allow an officer to sue a negligent taxpayer for an injury would impose a 'double payment' on the public. Furthermore, since negligence is a common factor in emergencies, allowing recovery would lead to a proliferation of litigation. The court found an apt analogy in the 'contractor for repairs' rule, where a contractor hired to fix a dangerous condition cannot sue the owner for the negligence that created the condition, as the contractor is paid to confront that specific risk.
Analysis:
This decision officially adopts the Firefighter's Rule as common law in Alaska, aligning the state with the vast majority of American jurisdictions. The ruling establishes a significant public policy-based limitation on tort liability, preventing recovery by public safety officers for injuries stemming from the ordinary negligence that summons them to the scene. The court's reasoning emphasizes that the rule is narrow, applying only to the act of negligence that created the need for the officer's presence, and not to subsequent or independent acts of negligence. This precedent clarifies the scope of duty owed to first responders and will likely bar many future claims while preserving actions for injuries caused by unforeseen or independent dangers at a scene.
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