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Moody v. Delta Western, Inc.

Alaska Supreme Court

38 P.3d 1139 (2002)

Relevant factsFree

An intoxicated Joseph Coolidge stole an unlocked Delta Western, Inc. (defendant) fuel truck — left with keys in the ignition in violation of company policy — and drove recklessly through town at high speed, running cars off the road; when police, including chief Brent Moody (plaintiff), responded and tried to stop him, Coolidge rammed the van Moody was riding in, throwing him into the dashboard and windshield and causing permanent injuries. Moody sued Delta Western for negligently leaving the truck's keys in the ignition, enabling Coolidge to take it in the first place; the trial court granted Delta Western summary judgment based on the Firefighter's Rule, and Moody appealed.

IssueFree

Whether the Firefighter's Rule bars firefighters and police officers injured in the line of duty from recovering based on the negligent conduct of another that required their presence at the scene.

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