Tuesday, December 15, 2009
Ind. Decisions - Supreme Court decides one today
In Babes Showclub, Jaba, Inc. and James B. Altman v. Patrick Lair and Lisa Lair, a 10-page, 5-0 opinion, Justice Boehm writes:
In this case a police officer responded to a complaint of an unruly patron at a nightclub and was assaulted by the patron. The officer sued the club for negligence in failing to maintain adequate security. We hold that the "fireman’s rule" bars recovery by a professional emergency responder for the negligence that created the situation requiring the response. * * *
[The opinion discusses the fireman's rule in depth.]
In sum, Lair’s complaint alleged nothing suggesting that Babes was negligent in any re-spect apart from the negligence that produced the emergent situation with the unruly patron. Without any such allegation, the complaint fails to state a claim against Babes in the face of the fireman’s rule. The complaint was therefore properly dismissed for failure to state a claim.
Conclusion. This case is remanded to the trial court with instructions to dismiss the complaint for fail-ure to state a claim upon which relief can be granted.
Posted by Marcia Oddi on December 15, 2009 11:12 AM
Posted to Ind. Sup.Ct. Decisions