Wagener v. Burmeister

PUDLOWSKI, Judge.

This cause has been retransferred to this court from the Supreme Court in light of Gray v. Russell, 853 S.W.2d 928 (Mo. banc 1993). We had previously ordered a reversal and a remand. We again do so in light of Gray.

In this case, we are asked to determine whether the fireman’s rule (hereinafter referred to as firefighter’s rule) adopted in Anderson v. Cinnamon, 365 Mo. 304, 282 S.W.2d 445 (banc 1955), bars a common law negligence suit brought by a police officer who tripped over a defective stair while investigating a malfunctioning burglar alarm. Plaintiff-appellant, James J.…