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McCARTHY v. EHRENS

212 N.J. Super. 249 (1986)

514 A.2d 864

NONA MCCARTHY, INDIVIDUALLY, AND AS ADMINISTRATRIX OF THE ESTATE OF JOHN P. MCCARTHY AND AS ADMINISTRATRIX AD PROSEQUENDUM FOR THE HEIRS AT LAW OF JOHN P. MCCARTHY, DECEASED; PLAINTIFF, v. HENRY EHRENS, SEALED UNIT PARTS COMPANY, ANDREW I. CRAWFORD, JAGUAR, ROVER TRIUMPH, INC. AND JOHN DOE (NAME BEING FICTITIOUS AND UNKNOWN), DEFENDANTS.

Superior Court of New Jersey, Law Division Essex County.

Decided June 6, 1986.

Attorney(s) appearing for the Case

Carl Greenberg for plaintiffs (Budd, Larner, Kent, Gross, Picillo, Rosenbaum, Greenberg & Sade, attorneys; Carl Greenberg and Kathleen M. Reilly on the brief).

Michael A. Sicola for defendants Andrew I. Crawford and Jaguar, Rover Triumph, Inc. (Morgan, Melhuish, Monaghan, Arvidson, Abrutyn & Lisowski, attorneys; Richard E. Arvidson of counsel; Michael A. Sicola on the brief).

Andrew Carlowitz for defendants Henry Ehrens and Sealed Unit Parts Company (Hoagland, Longo, Oropollo & Moran, attorneys).

VILLANUEVA, J.S.C.

The issue is whether a driver loses the immunity of the fireman's rule when a policeman, who was dispatched to investigate the drunk driver stalled on the highway, is injured by another motorist during the policeman's chase of the drunk driver.

This lawsuit arose out of a series of events, which began with a radio dispatch to troopers (including plaintiff's decedent) regarding a drunk driver stopped at a toll booth on the New Jersey Turnpike...

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