Antosz v. AllainAnnotate this Case
Plaintiffs Jason and Jennifer Antosz appealed a superior court order that granted summary judgment in favor of Defendant Doree Allain. Defendant owned property in Epping. In early 2008 the Town's fire department was called to Defendant's house because of a fire caused by the home's hot water heater. Jason Antosz was a volunteer firefighter with the Epping Fire Department who responded to the call. As he arrived on the scene, he walked down the home's driveway which was covered with packed snow and ice. He slipped and fell and was seriously injured. Plaintiffs sued Defendant for negligence, alleging the driveway was in an unsafe and unreasonable condition. Defendant argued that Plaintiffs' claims were barred by the "Fireman's Rule." Finding that the Fireman's Rule only applied to paid firefighters, the Supreme Court overruled the grant of summary judgment in favor of Defendant and remanded the case for further proceedings.