Mullin v. Municipal City of South Bend
Indiana Supreme Court
639 N.E.2d 278 (1994)
- Written by Brian Meadors, JD
Facts
Jeri Mullin (plaintiff) lived with her two children, Shawn and Kathleen. A fire occurred at Jeri’s house in the City of South Bend (defendant). A neighbor reported the fire to 911. On the 911 call, the dispatcher asked the neighbor if anyone was inside the house. The neighbor said, “I think so.” The dispatcher was subject to a policy requiring ambulances be sent to all fire calls with people inside. The dispatcher sent fire trucks only, and fire trucks arrived at Mullin’s house without an ambulance. Once on the scene, the firefighters called for an ambulance. The fire injured Kathleen and killed Shawn. Mullin sued South Bend for negligence, alleging that South Bend was negligent for not immediately dispatching an ambulance. The trial court and an appellate court found that South Bend had not breached a duty and dismissed Mullin’s case. Mullin appealed to the Indiana Supreme Court.
Rule of Law
Issue
Holding and Reasoning (Sullivan, J.)
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