Summary
The Supreme Court of New Jersey held that N.J.S.A. 2A:62A-21 abrogated the firefighters' rule in its entirety, allowing law enforcement officers and other covered first responders to seek damages for injuries caused by the neglect, willful omission, or willful or culpable conduct of persons or entities other than employers or co-employees. The court affirmed the Appellate Division's reinstatement of Harry Ruiz's negligence action arising from injuries sustained while responding to a disturbance at a bar and remanded for further proceedings.
Holdings
- N.J.S.A. 2A:62A-21 completely abrogated the firefighters' rule in New Jersey, subject to the statute's express limitation concerning employers and co-employees in workers' compensation matters.
Questions Presented
- Whether N.J.S.A. 2A:62A-21 completely abrogated New Jersey's common-law firefighters' rule.
- Whether the statute instead preserved the pre-Rosa version of the firefighters' rule and its limits on first-responder recovery.
Disposition
affirmed
Cases Cited (20)
- Wilson v. N. Pac. Ry. Co., 30 N.D. 456, 153 N.W. 429 (1915)(followed as background)
- Liming v. Ill. Cent. R.R. Co., 81 Iowa 246, 47 N.W. 66 (1890)(followed as background)
- Wagner v. Int'l Ry. Co., 232 N.Y. 176, 133 N.E. 437 (1921)(followed as background)
- Gibson v. Leonard, 143 Ill. 182, 32 N.E. 182 (1892)(followed as background)
- Zanghi v. Niagara Frontier Transp. Comm'n, 85 N.Y.2d 423, 626 N.Y.S.2d 23, 649 N.E.2d 1167 (1995)(followed as background)
- Boyer v. Anchor Disposal, 135 N.J. 86, 638 A.2d 135 (1994)(followed as background)
- Krauth v. Geller, 31 N.J. 270, 157 A.2d 129 (1960)(limited by later authority)
- Ferraro v. Demetrakis, 167 N.J. Super. 429, 400 A.2d 1227 (App. Div. 1979)(followed as background)
- Berko v. Freda, 93 N.J. 81, 459 A.2d 663 (1983)(followed as background)
- Mahoney v. Carus Chem. Co., 102 N.J. 564, 510 A.2d 4 (1986)(followed as background)
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