Indiana Consolidated Insurance Co. v. Mathew

402 N.E.2d 1000 (1980)

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Nature of the Case

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Facts

Mathew (D) lived across the street from his brother and took turns mowing both lawns. D decided to mow both lawns and went to his brother's garage where a Toro riding lawnmower was stored. It was eight years old, was kept in good mechanical condition, and had required only minor tune-ups and belt replacements for the rotary mower assembly. D filled the lawnmower approximately three-fourths full with gasoline using a funnel. He then went back home for approximately twenty minutes. He returned and started the lawnmower. He noticed a flame in the engine area under the hood and immediately shut the engine off. He opened the hood and saw a flame four to five inches tall under the gas tank. D tried to snuff out the flame but was unsuccessful. He could find no other means to extinguish the fire. The flames continued to grow, and the machine began spewing gasoline, so he ran to his home to call the fire department. He returned to find the garage totally engulfed in flames. D testified that he was afraid to try to push the flaming machine outside the garage for fear that the tank would explode in his face. P brought this action alleging that D breached a duty owed to his brother to exercise due care in starting the lawnmower and therefore stands liable for the damages resulting from his negligence. The trial court found that D did not act in any manner other than a reasonably prudent person would act under the same or similar circumstances and that there is no evidence of negligence on the part of D. P recovered nothing. P appealed. contending that D was negligent in filling the gas tank, in starting the mower in an enclosed area, and in failing to push the flaming mower out of the garage.