Housley and Clinkinbeard Affirmed by 10th Circuit on Fireman's Rule
The 10th Circuit recently affirmed the trial court's entry of summary judgment for Karrie Clinkinbeard's
and Casey Housley's client, Central Tank Coatings (CTC) based on the Fireman's Rule. A number of firefighters for the City of Kirwin, Kansas and the City sought damages for personal injuries and property damage suffered in an explosion at the City's water tower. The explosion occurred while CTC was repairing the tower. The district court granted summary judgment based on the Firemen's Rule. Under the rule, a fire fighter cannot recover damages for injuries from known hazards or those that can be reasonably anticipated at the site of a fire and are part of firefighting. The 10th Circuit affirmed the district court's ruling in CTC's favor because the firefighters could have reasonably anticipated the explosion.