Fletcher v. Illinois Central Gulf Railroad

GUDGEL, Judge:

The issue in this appeal is whether the rule adopted in Buren v. Midwest Industries, Inc., Ky., 380 S.W.2d 96 (1964), known as the “fireman’s rule,” applies to and bars a negligence action filed by a state trooper against a railroad in connection with a train derailment. The court below adjudged that it did and granted the railroad’s motion for summary judgment. A review of the relevant authorities convinces us that the trial court’s ruling is correct. Therefore, we affirm.

On July 26, 1980, several freight train cars derailed near Muldraugh, allegedly due to negligence on the…