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Greenbelt Electric Cooperative v. Mills

It would be inappropriate for an intermediate appellate court to depart from the established common law Fireman's Rule and extend the rule to non-premises cases.

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Greenbelt Electric Cooperative presents this appeal from a judgment following a non-jury trial that Lynn Mills recover $130,000 for personal injuries plus pre-judgment interest, and that Barry Sanders recover $10,000 for personal injuries plus pre-judgment interest. The judgment further provides that the City of Shamrock, intervenor, recover $36,948.95 from Greenbelt. *fn2 Presenting only one issue, Greenbelt contends that the Fireman’s Rule *fn3 precludes recovery by Mills and Sanders for personal injuries sustained in the course and scope of their duties as firemen. Based upon the rationale expressed herein, we affirm.

Greenbelt acknowledges that the underlying facts are undisputed and that the question presented is one of law. Thus, our review of the facts will be limited to only those necessary to adequately address the legal issue. Following a grass fire that occurred on December 10, 1996, Mills and Sanders, members of the Shamrock Volunteer Fire Department, filed suit against Greenbelt to recover damages for injuries they sustained while they were engaged in fighting the fire. Among other things, they alleged that as a result of a tree limb rubbing against Greenbelt’s electric line, the line broke and ignited foliage and grass immediately under it causing the fire to spread to adjoining property.

Contending that their injuries were proximately caused by Greenbelt’s negligence in failing to keep trees trimmed near its power lines, Mills and Sanders sought damages for injuries received in fighting the fire after it spread to property adjacent to Greenbelt’s electric line easement. Among other defenses, Greenbelt contended that Mills and Sanders were volunteer firemen and that their claims were barred under the common law Fireman’s Rule. Because this appeal presents only a question of law, we will apply a de novo standard of review. Barber v. Colorado Independent School Dist., 901 S.W.2d 447, 450 (Tex. 1995).

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