Terry v. Garcia

Opinion

MORRISON, J.

Plaintiff Michael Doran Terry collided with a truck during a high-speed, code 3 response to a domestic disturbance. He brought suit against the driver and the owner of the truck for negligence. The trial court granted defendants’ motion for summary judgment on the grounds that the action was barred by assumption of the risk. Since the alleged cause of Terry’s injury was an act of negligence independent of the conduct that necessitated his response, assumption of the risk, in the form of the firefighter’s rule, does not apply. We reverse the judgment.

Factual and Procedural…