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Opinion examines history of Fireman's Rule

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After delving into the history of caselaw involving Indiana's Fireman's Rule, the Indiana Court of Appeals determined a couple's complaint against an Indianapolis strip club is barred by the rule. The appellate court reversed the denial of the club's motion to dismiss the complaint.

In Babes Showclub, Jaba, Inc., and James B. Altman v. Patrick and Lisa Lair, No. 49A05-0805-CV-262, the Lairs brought a complaint against the strip club for injuries Patrick Lair, an Indianapolis police officer, allegedly suffered at the hands of an underage patron while responding to a complaint on the club's premises. The record doesn't explain the nature of the complaint.

Babes filed a motion to dismiss the complaint for failure to state a claim upon which relief can be granted, arguing the claims are barred by Indiana's Fireman's Rule. The trial court denied the motion, which led to this interlocutory appeal.

Judge Terry Crone went through the history of the rule, beginning with the Indiana Supreme Court ruling, Woodruff v. Bowen, 136 Ind. 431, 34 N.E. 1113 (1893), in which fireman Woodruff was killed while fighting a fire at a building Bowen owned in downtown Indianapolis. The building was remodeled and unable to withstand the weight from a tenant's stationer's stock and the water that was used to fight the fire. The Supreme Court found Bowen wasn't liable for Woodruff's death because Woodruff was acting in his capacity as a firefighter and was a licensee. Also, Bowen hadn't exerted any "positive wrongful act" that resulted in Woodruff's injury.

The Court of Appeals examined other caselaw dealing with this rule, including Pallikan v. Mark, 163 Ind. App. 178, 323 N.E.2d 398 (1975), Koop v. Bailey, 502 N.E.2d 116 (Ind. Ct. App. 1986), and Heck v. Robey, 659 N.E.2d 498 (Ind. 1995), in which the Supreme Court revisited the Fireman's Rule for the first time in more than a century. During the years and through the subsequent caselaw, the Fireman's Rule was expanded to other professions whose jobs, such as police officer and paramedic, require them to be put in harms way.

The Court of Appeals used Woodruff to explain its reasoning for reversing the denial of Babes' motion. It was decided in that case that a landowner owes no duty to a firefighter except when committing a positive wrongful act that may result in injury. The Lairs haven't alleged that the showclub committed any positive wrongful act, so their general negligence, negligent security, and common law dram shop claims are barred by the Fireman's Rule, wrote Judge Crone. To the extent that Babes violated any statutes or ordinances in serving alcohol to the patron, nothing indicates those laws were enacted specifically to protect police responding to a complaint on a landowners' premises, so the Lairs' can't recover under this theory of liability.

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  1. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

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