Clinkscales v. Nelson Securities, Inc.

697 N.W.2d 836 (2005)

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Nature of the Case

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Facts

P went to The Gallery Lounge (D). Approximately fifty people were there. P, an active-duty marine in town as a recruiter, stationed himself at the bar next to a blonde woman known only as 'Dimples.' The two began to share a pitcher of beer together. D regularly grilled hamburgers outside and served them to its customers. The grill stood outside ten feet away from where P sat. A fire flared up on the grill. A ball of fire erupted underneath the grill and engulfed the propane tanks. P was alerted to the fire when he saw D come into the bar looking for a fire extinguisher. D claimed he told patrons to leave, but P said he heard nothing. D gave a fire extinguisher to a patron. The patron extinguished the flame, but gas was escaping from the tanks, and they needed to be shut off. P came out and asked if anyone had turned the gas off. P was told the handle was too hot. P, who had received extensive training in fire suppression in the military, recognized the situation was 'very dangerous.' P took off his shirt, wrapped it around one of hands, and turned the gas off. No one asked P to do so. He reacted instinctively. The fire flared up. P was burned on his face, neck, chest, arms, and legs. Skin hanging from his arms, P continued his rescue efforts by helping a frightened young woman in the patio over a fence. P sued D for negligence. P also pled res ipsa loquitur to show general negligence. Ds filed a motion for summary judgment, which the district court granted. The district court found employees of d told P to evacuate the premises; there was no evidence there was imminent risk to life when he turned off the gas; and 'a reasonable person would not determine that the benefits of approaching a fire outweigh the risk of being seriously burned or injured.' P's injuries were caused by a known, and obvious danger and Ds were not the proximate cause of P's injuries. The court also concluded res ipsa loquitur was not applicable because grease fires can occur without negligence. The court of appeals affirmed. P appealed.