Venue: | CT SC |
Facts: | Levandoski, a cop, is hurt while chasing Cone after a rowdy party and suspicious alcohol-marijuana activities. |
Posture: | Verdict for plaintiff at trial, motion to set aside the verdict denied. |
Issue: | Should the firefighter's rule have gotten the defendant a directed verdict? Did the plaintiff prove proximate cause? |
Holding: | No and yes. Affirmed. |
Rule: | The firefighter's rule: a firefighter entering private property in
the exercise of firefighting duties is owed a lesser duty of
care than an ordinary invitee.
Between a negligent party and an innocent party, we want the negligent one to bear the loss. |
Reasoning: | The firefighter rule doesn't apply here: these weren't the defendant's premises, so there's no "double-taxation" issue here. Also, the plaintiff wasn't a firefighter. And we don't consider assumption of risk to be an absolute bar. |
Dicta: | |