Moody v. Delta Western, Inc.
Alaska Supreme Court
38 P.3d 1139 (2002)
An intoxicated Joseph Coolidge took a Delta Western, Inc. (Delta Western) (defendant) fuel truck containing 10,000 pounds of fuel that an employee had parked in his driveway and began driving around town. The truck was unlocked and the keys were in the ignition, in violation of company policy. During his trek, Coolidge ran cars off the road, nearly collided with other vehicles, and drove at speeds in excess of 70 miles per hour. Several police officers responded in an attempt to pull Coolidge over. Brent Moody (plaintiff), the chief of police, was riding as a passenger in a van driven by another officer when Coolidge rammed the van and propelling Moody against the dashboard and windshield. Moody suffered permanent injuries as a result. Moody filed suit against Delta Western alleging the company, through its employee, negligently failed to remove the fuel truck’s keys from the ignition thereby preventing Coolidge taking the truck. Delta Western moved for summary judgment on the basis that the Firefighter’s Rule barred Moody’s cause of action. The trial court agreed and granted the motion. Moody appealed.
Rule of Law
Holding and Reasoning (Matthews, J.)
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