Malo v. Willis

Opinion

THE COURT. *

The issue presented by this appeal is whether a California highway patrolman’s personal injury action is barred by the fireman’s rule. After the motion of defendant Ray Eugene'Willis for summary judgment was granted, plaintiffs Michael John Malo and the State of California moved for reconsideration. The trial court granted reconsideration, vacated a judgment entered while the reconsideration motion was pending, and denied the summary judgment motion. Defendant appeals.

Defendant’s moving papers included the deposition testimony of plaintiff Malo, from which the following…