Gibbons v. Caraway

I concur with the result of the lead opinion. I agree that we should reverse the Court of Appeals in Gibbons v Caraway,1 affirm the Court of Appeals in Mariin v Fleur, Inc,2 and remand both matters to the trial court for further proceedings. However, I write separately because I would limit the fireman’s rule to premises liability. I believe such a limitation is consonant with the rule’s original purpose of preventing an undue burden on property owners.

In Kreski v Modern Wholesale Electric Supply Co, this Court provided a history of the development of the fireman’s rule.3 The Kreski Court…