Benefiel v. Walker

In these two appeals, we examine the scope of a common-law doctrine known as the “fireman’s rule,” which limits a defendant’s tort liability for otherwise culpable injuries to firemen and policemen.1

I

On September 6, 1988, Kristopher R. Benefiel, a Fairfax County police officer, was injured when a car driven by Charles A. Walker struck the rear of his cruiser. Benefiel sued Walker.

The motion for judgment and Benefiel’s answers to Walker’s interrogatories allege that Benefiel had stopped a motorist on Route 7 in Fairfax County for making an illegal ‘ ‘U-tum’ ’; that both vehicles were parked,…