Lambert v. Parrish
Decision Date | 14 May 1986 |
Docket Number | No. 33S04-8605CV-435,33S04-8605CV-435 |
Citation | 492 N.E.2d 289 |
Parties | Lloyd L. LAMBERT and Dorothy S. Lambert, Appellants, v. Wayne L. PARRISH, Appellee. |
Court | Indiana Supreme Court |
John E. Eisele, Theodore F. Smith, Jr., Smith & Farrell, Anderson, for appellants.
Danford R. Due, Charles F. Miller, Jr., Stewart Reeder Due & Miller, Indianapolis, Robert W. Miller, Bagot, Free, Shearer & Miller, Anderson, for appellee.
This case is before the Court on appellee's "Petition To Transfer." The petition is granted and the opinion of the Court of Appeals reported at 467 N.E.2d 791 (Ind.App.1984), is vacated.
We adopt the statement of the Court of Appeals of the procedural history and the factual basis supporting the claim.
Indiana first recognized the rescue doctrine in Neal v. Home Builders, Inc. (1953), 232 Ind. 160, 111 N.E.2d 280. After stating the elements of the doctrine from 65 C.J.S. Negligence, Sec. 63, p. 554, the Court concluded the doctrine was not applicable as there was no underlying negligence by the defendant which created a situation inviting rescue. Neal, supra at 190, 111 N.E.2d at 295.
We hold under Indiana law the rescue doctrine is applicable to negligence actions. In Neal the Court defined the doctrine as follows: " 'One who has, through his negligence, endangered the safety of another may be held liable for the injuries sustained by a third person in attempting to save such other from injury.' " Id. at 167, 111 N.E.2d at 284 (quoting 65 C.J.S. Negligence, Sec. 63, p.554).
The issue presented in the case at bar is whether Rev. Lambert was in fact a rescuer to whom a duty of care was owed. If he was not, then, as a matter of law, he may not recover under this doctrine. We hold that he was not a rescuer. Thus we hold the trial court did not err when it granted summary judgment in favor of the defendant as to Rev. Lambert's negligence claim.
Judge Cardozo, writing in the case of ...
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...to save such other from injury.' " 2 Id. at 167, 111 N.E.2d 280 (quoting 65 C.J.S. Negligence § 63); see also Lambert v. Parrish (1986), Ind., 492 N.E.2d 289, 291. As Justice Cardozo eloquently Danger invites rescue. The cry of distress is the summons to relief. The law does not ignore thes......
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...another may be held liable for the injuries sustained by a third person in attempting to save such other from injury. Lambert v. Parrish (1986), Ind., 492 N.E.2d 289, 291 (quoting Neal v. Home Builders, Inc. (1953), 232 Ind. 160, 167, 111 N.E.2d 280, 284 (quoting 65 C.J.S., Negligence)). Th......
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...14, 2020). 28. Barnes v. Geiger, 446 N.E.2d 78 (Mass.App.Ct. 1983). 29. Garcia, 467 P.3d at 305. 30. Id. (citing Lambert v. Parrish, 492 N.E.2d 289, 291 (Ind. 1086)). See also Hassanein v. Avianca Airlines, 872 F.Supp. 1183, 1187-88 (E.D.N.Y. 1995) (directing traffic and offering to house e......
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...14, 2020). 28. Barnes v. Geiger, 446 N.E.2d 78 (Mass.App.Ct. 1983). 29. Garcia, 467 P.3d at 305. 30. Id. (citing Lambert v. Parrish, 492 N.E.2d 289, 291 (Ind. 1086)). See also Hassanein v. Avianca Airlines, 872 F.Supp. 1183, 1187-88 (E.D.N.Y. 1995) (directing traffic and offering to house e......
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...14, 2020). [28] Barnes v. Geiger, 446 N.E.2d 78 (Mass.App. Ct. 1983). [29] Garcia, 467 P.3d at 305. [30] Id. (citing Lambert v. Parrish, 492 N.E.2d 289, 291 (Ind. 1086)). See also Hassanein v. Avianca Airlines, 872 F.Supp. 1183, 1187-88 (E.D.N.Y. 1995) (directing traffic and offering to hou......