Indiana Consolidated Insurance Co. v. Mathew
Indiana Court of Appeals
402 N.E.2d 1000 (1980)
Mathew (defendant), using his brother's riding lawn mower with permission in a garage insured by Indiana Consolidated Insurance (plaintiff), used a funnel to partially fill the gas tank before starting it, and when a flame erupted from the engine he immediately shut it off, tried unsuccessfully to extinguish the growing fire with towels, and then fled to call the fire department rather than moving the leaking, burning mower out of the garage; the garage burned down, and the insurer sued Mathew for negligence, but the trial court found no negligence after a bench trial.
Whether a person confronted with a sudden emergency, forced to choose between protecting human life and protecting property, is held to a standard other than the care of a reasonable person in like circumstances.