Grable v. Varela

HOWARD, Chief Judge.

The issue in this case is whether the “fireman’s rule” should be accepted in Arizona.

Randall Grable, a member of the Tucson Fire Department, was injured while fighting a fire at an unoccupied residence located in Tucson, Arizona. The fire was started by the appellee, Joseph Richard Varela, a minor, who, while playing with matches, started a grass fire which spread to the house.

The complaint filed by appellants was based on negligence. After initial discovery, appellees moved for summary judgment. Appellants resisted the motion and moved to amend their complaint to allege…