Deborah Nowicki

Summary

The court affirmed summary judgment for Kenny Pigue, holding that the Fireman’s Rule barred the wrongful-death and survival claims arising from the death of a TDOT HELP program operator assisting a stalled truck on an interstate. Applying a fact-specific approach, the court concluded that the decedent was employed to confront the traffic risks that caused his death and that Pigue had no duty to protect him from that risk. The court also held that the evidence did not create a genuine issue that Pigue acted willfully or wantonly, and therefore did not decide whether such conduct would create an exception to the doctrine. Justice Danielson, joined by Chief Justice Hannah, dissented, concluding that a HELP worker’s job was not principally to confront danger and that summary judgment should be reversed.