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Torts Keyed to Dobbs
Pinter v. American Family Mut. Ins. Co
Facts
Appellant responded to an automobile collision. Due to the passenger’s spinal cord injury, Appellant had to secure traction on her head, neck, and back to safely remove her from the automobile. In so doing he assumed an awkward position for a sustained period. As a result, he sustained an inguinal hernia, a serious and permanent injury that required surgery. He brought suit against the drivers, who caused the accident. The trial court, relying on precedent stated “[o]ne who negligently starts a fire is not liable for that negligence when it causes injury to a firefighter who comes to extinguish the blaze.” It granted Appellees’ Motions for Summary Judgment. The court noted that most jurisdictions limit liability under the theory known as the “firefighter’s rule,” a rule, rooted in public policy concerns, which limits a firefighter’s ability to recover damages for injuries sustained in the course of duty.
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