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This premises liability case involves firefighter Bobby A. Kimball, who was injured while battling a fire at the Campus Inn Motel, owned by Campus Management, Inc. (Campus). Kimball alleged the fire resulted from Campus's ordinary negligence. After receiving worker's compensation, Kimball sued Campus and the Jariwalas. A jury found Campus 5% negligent and awarded Kimball damages. Campus appealed, invoking the Fireman's Rule, which generally precludes firefighters from recovering for injuries caused by ordinary negligence in the line of duty. The appellate court agreed with Campus, finding that the exceptions to the Fireman's Rule (known dangerous conditions, active negligence after arrival, or the rescue doctrine) did not apply. The court concluded that Texas law does not hold property owners liable for a firefighter's injuries caused by ordinary negligence that merely started a fire. Consequently, the trial court's judgment against Campus was reversed, and a judgment was rendered that Kimball take nothing.
Campus Management, Inc. v. Kimball is a workers' compensation case decided in Court of Appeals of Texas. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in Court of Appeals of Texas.
Full Decision Text1 Pages
This premises liability case involves firefighter Bobby A. Kimball, who was injured while battling a fire at the Campus Inn Motel, owned by Campus Management, Inc. (Campus). Kimball alleged the fire resulted from Campus's ordinary negligence. After receiving worker's compensation, Kimball sued Campus and the Jariwalas. A jury found Campus 5% negligent and awarded Kimball damages. Campus appealed, invoking the Fireman's Rule, which generally precludes firefighters from recovering for injuries caused by ordinary negligence in the line of duty. The appellate court agreed with Campus, finding that the exceptions to the Fireman's Rule (known dangerous conditions, active negligence after arrival, or the rescue doctrine) did not apply. The court concluded that Texas law does not hold property owners liable for a firefighter's injuries caused by ordinary negligence that merely started a fire. Consequently, the trial court's judgment against Campus was reversed, and a judgment was rendered that Kimball take nothing.
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