Deborah Nowicki

Summary

The court affirmed summary judgment for Pigue, holding that the Fireman’s Rule barred the wrongful-death and survival claims because the deceased TDOT HELP operator was employed to confront the traffic hazards involved in assisting a stalled motorist. The court applied a fact-specific inquiry into whether the worker was paid to assume the particular risk and concluded that the operator’s duties included protecting motorists, warning traffic, and addressing blocked lanes. The court also held that the evidence did not create a genuine issue as to whether Pigue’s conduct was willful or wanton, 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 occupation was not principally devoted to confronting danger and that summary judgment should have been reversed and remanded.