Smith v. Tully

OPINION

MURRAY, Justice.

This matter is before the court on the appeal of the plaintiff, Barry Smith (plaintiff), from a Superior Court summary judgment entered in favor of the defendant, Thomas F. Tully (defendant). On appeal the plaintiff argues that the motion justice erred in ruling that the police officer’s rule bars his cause of action against the defendant. For the reasons set forth below, we affirm the Superior Court judgment. The facts that follow are gleaned from the plaintiffs deposition and other pertinent portions of the record in the case.

At approximately 10 pm on September 4,…