Lanza v. Polanin

ON REHEARING

LETTS, Judge.

We grant the motion for rehearing, withdraw and cancel the opinion filed on August 23, 1989, and substitute the following:

This is a variation on the theme involving the “fireman’s rule,” the trial judge applying it to bar a policeman’s personal injury suit by way of summary judgment. We affirm.

At 10:15 p.m., the policeman involved here was dispatched to an automobile accident scene involving two vehicles. While questioning one of the drivers, an accompanying passenger in that car screamed obscenities at the officer and told the driver not to cooperate with the…