MOODY V. DELTA WESTERN, INC.
38 P.3d 1139 (2002)
NATURE OF THE CASE: Moody (P) appealed a summary judgment for Delta (D) based on a
firefighter's rule defense.
FACTS: A D employee left a fuel truck in a driveway with the keys in the ignition. The
door was unlocked, and the truck contained fuel and weighed over 10,000 pounds. D had a
policy of removing the keys from the ignitions of its trucks based on prior incidents.
Coolidge, who was highly intoxicated, entered the unlocked truck and proceeded to drive
around town. He ran cars off the road, nearly collided with several vehicles, and drove at
speeds exceeding seventy miles per hour. P, the chief of the Dillingham Police Department,
was one of the officers who responded to the reports of the recklessly driven fuel truck.
The driver of the van in which P was a passenger attempted to stop the truck after moving in
front of it, but Coolidge rammed the van, throwing P against the dashboard and windshield. P
suffered permanent injuries. P sued D. D argued that the 'Firefighter's Rule' barred P's
cause of action. D got a summary judgment. P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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