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MIGDAL v. STAMP

No. 88-296.

132 N.H. 171 (1989)

IRA AND BARBARA MIGDAL v. WALTER AND CAROL STAMP & a.

Supreme Court of New Hampshire.

August 23, 1989.

Attorney(s) appearing for the Case

McSwiney, Jones, Semple & Douglas P.C., of Concord (James B. Kazan on the brief and orally), for the plaintiffs.

Perkins, Phillips & Waters P.A., of Concord (Roger B. Phillips and Timothy P. Gurshin on the brief, and Mr. Gurshin orally), for the defendants Walter R. Stamp, Carol Stamp and Walter Robert Stamp, II.

James S. Yakovakis P.A., of Manchester (James G. Walker on the brief and orally), for the defendant Central New Hampshire Community Mental Health Service, Inc.

Ransmeier & Spellman, of Concord (R. Stevenson Upton on the brief and orally), for the defendant Concord Hospital.

BROCK, C.J.

The plaintiffs, Ira and Barbara Migdal, appeal from orders of the Superior Court (Mangones, J.) granting the defendants' motions for summary judgment and motion to dismiss. They claim that the trial court erred in ruling that the "fireman's rule" barred their recovery in tort for injuries sustained by Ira Migdal, who was shot in the course of his duties as a Hopkinton police officer. For the reasons that...

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