Indiana Consolidated Insurance Co. v. Mathew

402 N.E.2d 1000 (1980)

Quick Summary

Indiana Consolidated Insurance Co. (plaintiff) insured a garage that caught fire while Robert D. Mathew (defendant) was using a riding lawn mower inside it. The plaintiff alleged Mathew’s negligence caused the fire. After a bench trial found no negligence on Mathew’s part, the plaintiff appealed.

The appellate court affirmed the decision, concluding that Mathew acted as a reasonably prudent person under the circumstances and was not required to foresee the unlikely event of the mower catching fire.

Facts of the Case

Indiana Consolidated Insurance Co. (plaintiff) insured a garage that was destroyed by a fire. Robert D. Mathew (defendant) had permission to use a riding lawn mower stored in his brother’s garage, which was the insured property. Mathew filled the mower’s gas tank and upon starting it, noticed a flame in the engine area.

Despite his efforts to extinguish the fire with towels, the fire escalated, leading to the destruction of the garage. The plaintiff brought a negligence action against Mathew, alleging that his actions caused the fire. Mathew had been using the mower regularly and maintained it in good condition.

On the day of the incident, he took precautions such as filling the gas tank with a funnel and checking for spills. After the fire started and grew uncontrollable, Mathew ran to call for help rather than attempting to remove the mower from the garage, fearing an explosion.

Procedural Posture and History

  1. The trial court conducted a bench trial and found no evidence of negligence on Mathew’s part.
  2. As a result, the trial court entered a judgment in favor of Mathew.
  3. Indiana Consolidated Insurance Co. appealed the trial court’s decision to the Court of Appeals of Indiana, Third District.

I.R.A.C. Format


Whether Robert D. Mathew was negligent in his actions leading up to the fire that destroyed the garage insured by Indiana Consolidated Insurance Co.

Rule of Law

The duty to use due care is measured by whether one acts as an ordinary prudent person would under similar circumstances.

Reasoning and Analysis

The appellate court upheld the trial court’s judgment, agreeing that Mathew did not act negligently. His careful handling of fuel and the mower’s maintenance history supported this conclusion. The court also reasoned that starting a motorized vehicle inside a garage is a common practice and that the fire was not a foreseeable event.

In response to the emergency, Mathew acted prudently by prioritizing personal safety over property, which aligns with legal principles valuing human life above property.


The appellate court affirmed the trial court’s decision that Mathew was not negligent and that Indiana Consolidated Insurance Co. was not entitled to damages from him.

Key Takeaways

  1. An individual is not negligent if they act with ordinary prudence under similar circumstances, even if their actions lead to an unintended accident.
  2. The law does not require one to anticipate unlikely events, nor does it expect individuals to risk personal safety over property during emergencies.
  3. Appellate courts will uphold lower court decisions when there is no uncontradicted evidence supporting a different inference or finding.

Relevant FAQs of this case

What standard is used to determine whether an individual acted negligently?

The standard used is the ‘reasonable person’ test, which asks if the individual acted as a reasonably prudent person would have under similar circumstances.

  • For example: A driver carefully checking both ways before proceeding through an intersection but still inadvertently causing an accident due to an unforeseen hazard applies this standard.

Is foreseeability a factor in establishing negligence?

Foreseeability is crucial in negligence claims; an individual is generally not expected to predict or guard against highly unlikely events.

  • For example: If a homeowner diligently repairs their fence, yet a freak storm causes a tree to fall and damage the neighbor’s property, the homeowner may not be liable since the storm was unforeseeable.

How does the law prioritize human safety over property interests in emergencies?

In emergencies, legal principles prioritize human life and safety above property, implying that actions taken for personal safety are often not deemed negligent even if property is damaged as a result.

  • For example: During a house fire, escaping residents are not expected to save household items at the risk of personal injury.


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