Irby v. Doe

By Judge Joseph A. Leafe

The Court has reviewed carefully the motions for summary judgment filed by each of the parties, the applicable pleadings, memoranda supporting the motions, and the applicable legal authority. The agreed issue is the applicability of the “fireman’s rale” to the factual allegations of this particular case.

Plaintiff argues that the 1992 amendment to Va. Code § 8.01-226 effectively abrogated the fireman’s rale. It is the Court’s view that the language of the amendment does not eliminate this long-held doctrine and further, had the Legislature intended that result, they…