Moody v. Delta Western, Inc.

38 P.3d 1139 · Alaska Supreme Court · 2002

Facts

A Delta Western employee left a fuel truck with keys in the ignition, which an intoxicated individual stole and drove recklessly. Police Officer Brent Moody was permanently injured while responding to and attempting to stop the stolen truck. Moody sued Delta Western for negligence, but the superior court granted summary judgment based on the Firefighter's Rule.

Issue

Does the Firefighter's Rule, which generally bars public safety officers from recovering for injuries caused by the negligence that necessitated their presence, apply in Alaska?

Holding

Yes, the Alaska Supreme Court adopted the Firefighter's Rule, concluding that it applies in Alaska. The court affirmed the superior court's grant of summary judgment in favor of Delta Western.

Rule

The Firefighter's Rule prevents firefighters and police officers from recovering damages for injuries sustained due to the negligent conduct that created the emergency requiring their professional response. This rule is based on public policy, recognizing that these professionals are compensated to confront such risks, and holding negligent parties liable would impose a double burden on taxpayers.

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Case brief last reviewed 2026-01-07. Prepared by CaseReader from the published opinion.