Ira v. Stamp

The plaintiffs, Ira and Barbara Migdal, appeal from orders of the Superior Court (Mangones, J.) granting the defendants’ motions for summary judgment and motion to dismiss. They claim that the trial court erred in ruling that the “fireman’s *173rule” barred their recovery in tort for injuries sustained by Ira Migdal, who was shot in the course of his duties as a Hopkinton police officer. For the reasons that follow, we affirm in part, reverse in part, and remand.

On May 16, 1986, a Bow police officer responded to a call from the residence of the defendants, Walter and Carol Stamp, and their…