Castro v. Trost

Order unanimously reversed on the law without costs, motion granted, cross motions denied and complaint reinstated. Memorandum: Samuel Castro (plaintiff) was injured when struck by a vehicle while at the scene of an accident to which he had responded in the course of his duties as a firefighter. This action was commenced to recover damages for injuries sustained in that accident. Defendants, owners and drivers of vehicles at the accident scene, raised the firefighter’s rule (see, General Municipal Law § 205-a) as an affirmative defense. Supreme Court denied plaintiffs’ motion to dismiss that…