Nowicki v. Pigue (Majority, with Dissenting)
Annotate this CaseAt issue in this case was the Firefighter's Rule, which provides that a professional firefighter may not recover damages from a private party for injuries he or she sustained while putting out a fire even if the private party's negligence caused the fire and injury. Appellant, individually and as executrix of the estate of Decedent and on behalf of Decedent's wrongful-death beneficiaries, filed a wrongful-death and survival claim against Appellee. Decedent, a roadside-assistance worker, had stopped to assist Appellee, whose truck was stalled on the interstate, when Decedent was hit by another truck driving on the interstate. The circuit court granted summary judgment for Appellee, concluding that the Rule precludes a professional rescuer from recovering for injuries inherent in the types of dangers "generally associated with that particular rescue activity." The Supreme Court affirmed, holding (1) the risk Decedent undertook was part of his employment as a roadside assistance worker, and therefore, the Rule barred Appellant's claims against Appellee; and (2) a genuine issue of material fact did not exist as to whether Appellee's running out of fuel constituted willful or wanton misconduct.
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