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RUIZ v. MERO

917 A.2d 239 (2007)

189 N.J. 525

Harry RUIZ and Sharon Ruiz, his wife, Plaintiffs-Respondents, v. Angel MERO (improperly pleaded as Angelo Mero), Silvana's Bar & Restaurant, Richard Rossi and Richard Rossi Real Estate Corporation, Defendants-Appellants, and John Does 1 through 10 (fictitious names for the persons, partnerships and/or corporations intended), Defendants.

Supreme Court of New Jersey.

Decided March 13, 2007.

Attorney(s) appearing for the Case

Gordon S. Graber, Morristown, argued the cause for appellants Angel Mero and Silvana's Bar & Restaurant (Sullivan and Graber, attorneys; Mr. Graber and Alissa A. Mendys, on the brief).

Brian W. McAlindin argued the cause for appellants Richard Rossi and Richard Rossi Real Estate Corporation (Wilson, Elser, Moskowitz, Edelman & Dicker, attorneys; Mr. McAlindin and Jake K. Prudhomme, Newark, on the briefs).

David H. Ironson argued the cause for respondents (Einhorn, Harris, Ascher, Barbarito, Frost & Ironson, attorneys; Mr. Ironson and Thomas F. Dorn, Denville, on the briefs).

Justice LONG delivered the opinion of the Court.

At issue in this appeal is the continued vitality of the firefighters' rule, a common-law doctrine that bars a first responder from recovering damages from a property owner for injuries sustained while confronting an emergency on the owner's premises. In this case, a police officer sued a commercial landowner for injuries he suffered when quelling a disturbance at the owner's bar. The trial judge dismissed the complaint...

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