JOHN V EDWARDS V MARY KIRWAN

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STATE OF MICHIGAN COURT OF APPEALS JOHN V. EDWARDS and SHERRY EDWARDS, UNPUBLISHED August 20, 1999 Plaintiffs-Appellants, v No. 202693 Wayne Circuit Court LC No. 96-604285 NI MARY KIRWAN, Defendant-Appellee. Before: White, P.J., and Markey and Wilder, JJ. MEMORANDUM. Plaintiffs appeal by right from the trial court’s order granting defendant’s motion for summary disposition in this automobile negligence case on the basis of the so-called “firefighter’s rule,” while denying, without prejudice, defendant’s motion for summary disposition based upon the serious impairment requirement. We reverse and remand. This appeal is being decided without oral argument pursuant to MCR 7.214(E). Recently, the Michigan Supreme Court has held that the firefighter’s rule does not bar recovery for injuries sustained by volunteer safety officers who are uncompensated for their efforts. Roberts v Vaughn, 459 Mich 282; 587 NW2d 249 (1998). Here, it is undisputed that plaintiff John V. Edwards received no monetary compensation for his activities as a volunteer auxiliary police officer. For this reason, we reverse the trial court’s grant of summary disposition in this case based upon the firefighter’s rule and remand for further proceedings consistent with this opinion. Reversed and remanded. We do not retain jurisdiction. /s/ Helene N. White /s/ Jane E. Markey /s/ Kurtis T. Wilder -1

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