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plaintiffdefendantdamagesnegligencetrialverdictduty of care
plaintiffdefendantdamagesliabilityappealduty of care

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Rogers v. Cato Oil & Grease Co., 396 P.2d 1000, 1964 OK 152

Facts

L. W. Rogers, a fireman with twenty-two years of experience, was injured while attempting to extinguish a fire at Cato Oil & Grease Company's facility, which was engaged in refining petroleum products. During the firefighting efforts, Rogers attempted to move stacked containers away from a crude oil storage tank to prevent an explosion. While doing so, he was covered in oil, and a fire ignited on him. The plaintiff alleged that the defendant's negligence in violating city fire ordinances led to his injuries.

This action was brought by L. W. Rogers, hereinafter referred to as plaintiff, against Cato Oil & Grease Company, herein called defendant, seeking to recover damages for personal injuries.

Issue

Was the negligent condition, specifically the stacking of containers in violation of city ordinances, the proximate cause of the plaintiff's injuries, or was it his independent act that broke the chain of causation?

Was the negligent condition, that is the stacking of the cans, in violation of the City Ordinances, the proximate cause of the plaintiff's injuries or was his independent act and intervening agent which broke the chain of causation releasing the defendant from liability.

Rule

The duty of the owner of premises to keep them safe for firemen extends only to hidden perils that are unknown and not observable with ordinary care. A property owner is not liable for injuries to firemen if the dangers are open and obvious.

The duty of the owner of premises to keep them safe for firemen coming upon premises in line of duty extends only to defects or conditions which are in the nature of hidden perils, unknown and not subject to being observed in the exercise of ordinary care.

Analysis

The court determined that the conditions surrounding the fire were open and obvious to Rogers, who was a trained fireman aware of the risks involved. The evidence showed that he had knowledge of the dangerous situation and was acting in the line of duty when he was injured. Therefore, the court concluded that the defendant did not owe a greater duty to Rogers than to an invitee, which only requires warning of hidden dangers.

The evidence in the present appeal established that plaintiff was a trained fireman of many years' experience and that he was fully aware of all existing conditions at the time of and surrounding the particular occurrence.

Conclusion

The court affirmed the trial court's decision to grant a directed verdict in favor of the defendant, concluding that the fireman was not entitled to recover damages due to the open and obvious nature of the conditions.

Judgment affirmed.

Who won?

Cato Oil & Grease Company prevailed in the case because the court found that the fireman was aware of the dangerous conditions and that the defendant did not owe him a higher duty of care than that owed to an invitee.

Cato Oil & Grease Company prevailed in the case because the court found that the fireman was aware of the dangerous conditions and that the defendant did not owe him a higher duty of care than that owed to an invitee.

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