Gibbons v. Caraway

Because I do not agree with the decision of the plurality and concurrence that the fireman’s rule does not apply to Officer Martin Gibbons’ action against an allegedly grossly negligent driver in Gibbons v Caraway, I respectfully dissent. However, I concur with the decision of this Court to affirm the Court of Appeals decision in Mariin v Fleur holding that the fireman’s rule did not bar Officer David Mariin’s cause of action.

ANALYSIS

1. FIREMAN’S RULE

As adopted from the common law, the fireman’s rule prevents police officers and firefighters from recovering for injuries sustained during the…