Hodges v. Yarian

Opinion

MINNEY, J. *

In this case, we must decide a question of first impression in California: whether the so-called “firefighter’s rule” 1 bars recovery of damages for personal injuries suffered by an off-duty deputy sheriff when he confronted and struggled with, then shot and killed, a suspected burglar who had broken into the garage of the apartment building where the deputy lived. The trial court answered this question in the affirmative and, accordingly, entered summary judgment in favor of the respondent building owners and managers, 2 whose failure to correct known security and…