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TRAINOR v. SANTANA

86 N.J. 403 (1981)

432 A.2d 23

EDWARD J. TRAINOR AND JACQUELYN TRAINOR, HIS WIFE, PLAINTIFFS-RESPONDENTS, v. FRANCISCO SANTANA, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided June 15, 1981.

Attorney(s) appearing for the Case

Donald S. McCord, Jr. argued the cause for appellant (O'Donnell, McCord & Leslie, attorneys).

Lewis Stein argued the cause for respondents (Nusbaum, Stein, Goldstein & Bronstein, attorneys).

The opinion of the Court was delivered by SULLIVAN, J.

This appeal presents the question whether the "fireman's rule" bars plaintiff, a police officer, from recovering damages from defendant for personal injuries caused by defendant's negligent operation of his automobile after it was stopped for a traffic violation. The fireman's rule, applicable in tort cases, is that because it is a fireman's business to deal with the usual...

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