England v. Tasker

This is an appeal from the granting of the defendant’s motion for summary judgment by the Trial Court {Nadeau, J.). The case presents a single, novel issue for our review: whether the trial court erred in granting the defendant’s motion for summary judgment based upon its application of the so-called “fireman’s rule,” which provides that neither a fireman nor a policeman can recover in tort when his injuries are caused by the same conduct that required his official presence. We affirm.

The facts are simply stated. On March 14, 1979, while the defendant was driving on Rollins Road in…