Levandoski v. Cone

2004

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: