Martin v. Gaither

Beasley, Chief Judge.

After he was injured as a pedestrian, Georgia State University Police Officer Gaither and his wife sued MARTA, the bus driver, and car operator Martin for negligence and loss of consortium. We permitted Martin’s interlocutory appeal from the denial of her motion for summary judgment. It had rested on the theory that the fireman’s rule applies to police officers.

The evidence construed in a light most favorable to Gaither and his wife shows that on February 3, 1993, Gaither was directing traffic on Gilmer Street in Atlanta. Martin, who is a university student, was traveling…