Harry v. Ring the Alarm, LLCAnnotate this Case
After plaintiff was injured while giving a tour of a noted architectural residence, he filed suit against James Goldstein and Ring the Alarm, LLC, the entity that hired him and hosted the party. The Court of Appeal held that the trial court erred in determining that the firefighter's rule applied to Goldstein, because the circumstances presented in this case did not fit under the primary assumption of risk doctrine where plaintiff had not been expressly hired to manage the hazardous condition that injured him and there was no public policy in favor of applying such a bar. Therefore, the trial court erred by instructing the jury on this issue and including the defense as the first two questions on the special verdict. Accordingly, the court reversed the jury's findings in favor of Goldstein and remanded for a new trial.