Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

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.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
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).

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Team Accounts

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center

GlobeSt. Healthcare Real Estate 2023

December 11, 2023 - December 12, 2023
Scottsdale, AZ

Join the industry's top owners, investors, developers, brokers and financiers for the real estate healthcare event of the year!


Learn More

Legalweek Leaders in Tech Law Awards 2024

January 29, 2024
New York, NY

Recognizing innovation in the legal technology sector for working on precedent-setting, game-changing projects and initiatives.


Learn More

Legalweek New York 2024

January 29, 2024 - February 01, 2024
New York, NY

Legalweek New York explores Business and Regulatory Trends, Technology and Talent drivers impacting law firms.


Learn More
Go to Events Go to Webcasts

Finance/Corporate Trust Lawyer - CT or Remote


We are seeking a lawyer with a minimum of four years of experience in transactional work to join our well-established, nationally renowned C...


Apply Now ›

FINANCE & REAL ESTATE ASSOCIATES - Connecticut Preferred; Remote will be considered


Shipman & Goodwin LLP is seeking two associates to expand our national commercial real estate lending practice. Candidates should have ...


Apply Now ›

Labor and Employment Junior Associate


Duane Morris LLP seeks a highly motivated junior associate to join its dynamic and growing Labor and Employment Class Action group in Chicag...


Apply Now ›
Go to Lawjobs

Scura Wigfield Heyer Stevens & Cammarota, LLP

12/04/2023
New Jersey Law Journal

Scura Wigfield Heyer Stevens & Cammarota, LLP


View Announcement ›

Shapiro, Croland, Reiser, Apfel, & Di Iorio, LLP

11/20/2023
New Jersey Law Journal

ShapiroCroland Attorneys at Law Take Pleasure in Announcing that VALERIE A. VLADYKA HAS JOINED THE FIRM AS COUNSEL Valerie concentrates her practice in Insurance coverage, Commercial Litigation and Probate Matters 411 Hackensack Avenue, Hackensack, New Jersey 07601 Telephone: (201) 488-3900 | Telecopier: (201) 488-9481 |www.shapiro-croland.com November 2023


View Announcement ›

Rottenstreich Farley Bronstein Fisher Potter Hodas LLP

11/13/2023
Daily Business Review

Congratulations to our Partner Richard Segal on becoming Chairman of the Miami Beach Chamber of Commerce


View Announcement ›
Go to Professional Announcements

Legal Newswire

South Florida-Based Mediator/Arbitrator Michael Weiss Joins UWWM s Panel
Goranson Bain Ausley Promotes Three Family Lawyers to Partner Positions
Good2bSocial Announces Results from the 2023 Social Law Firm Index
ZeroRisk Cases Launches Game-Changing Lead Generation Service for Law Firms, Gua...
Submit a press release