MUNCIE, Ind. (AP) -- The Indiana Court of Appeals has ruled that firefighters had no duty to safeguard a downed power line that fatally shocked a Ball State University student.
Friday's ruling stemmed from a lawsuit over the August 2002 death of 20-year-old Andrew Weidner, who died two days after he was shocked when his lawn mower struck a live power line hidden in trees and bushes.
Muncie police officer Linda Cook and Delaware County Emergency Medical Technician Gary Gardner were injured while trying to rescue Weidner. They had been unaware the line was down.
Cook, Gardner and Weidner's family sued American Electric Power, claiming the utility failed to properly respond to several telephone calls from neighbors reporting the downed power line a day before the accident.
Weidner's parents also sued the city in May 2003, alleging that the Muncie Fire Department had negligently failed to protect their son from the power line after it was downed by a storm.
Firefighters had responded when a homeowner called to report the line was crackling and popping and warned him and his family to stay away from it.
The three-judge panel found that the fire department was not responsible for the power line, and that AEP had warned firefighters to keep away from them.
The city of Muncie filed the appeal after a Delaware Circuit judge declined its request to dismiss the lawsuit. The Court of Appeals reversed the lower court ruling.
Information from: The Star Press
