Legal Opinion

Carpenter v. O'DAY

Superior Court of Delaware

Decided July 18, 1988PublishedCited by 18 opinions

1Opinion of the Court

OPINION

POPPITI, Judge.

This is an action by Michelle B. Carpenter (“Carpenter”) and her husband, David G. Carpenter, Sr., to recover for personal injuries sustained by Carpenter in the course of fighting a fire on October 26, 1982 at the Windjammer II Restaurant located in New Castle, Delaware. At the time of the fire, Carpenter was a volunteer firefighter with the Wilmington Manor Volunteer Fire Company. One of the defendants, Windjammer II, Inc. (“Windjammer”), now moves for summary judgment, urging this Court to adopt the “Firemen’s Rule,” which bars firefighters from recovering from…

2Cases cited57 opinions

  1. Dini v. NaiditchIllinois Supreme Court · 1960
  2. Krauth v. Israel Geller and Buckingham Homes, Inc.Supreme Court of New Jersey · 1960
  3. Walters v. SloanCalifornia Supreme Court · 1977
  4. Lipson v. Superior CourtCalifornia Supreme Court · 1982
  5. Berko v. FredaSupreme Court of New Jersey · 1983

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3Cited by18 opinions

  1. Bath Excavating & Construction Co. v. WillsSupreme Court of Colorado · 1993
  2. Craig v. A.A.R. Realty Corp.Superior Court of Delaware · 1989
  3. Hopkins v. MedeirosMassachusetts Appeals Court · 2000
  4. Babes Showclub, Jaba, Inc. v. LairIndiana Supreme Court · 2009
  5. Cole v. HubanksWisconsin Supreme Court · 2004

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