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RYDER TRUCK RENTAL, INC. v. KORTE

No. 76-1427.

357 So.2d 228 (1978)

RYDER TRUCK RENTAL, INC., John Lee Abrams and Atlas Electric Supplies, a Florida Corporation, Appellants, v. Orin C. KORTE, and Margaret M. Korte, His Wife, Sol Kleinman and Allstate Insurance Company, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied May 2, 1978.

Attorney(s) appearing for the Case

Henry Burnett of Fowler, White, Burnett, Hurley, Banick & Knight, P.A., Miami, for appellants.

F. Lawrence Matthews, Miami, Gilbert J. Murray, and Patrick N. Chidnese, Fort Lauderdale, for appellees-Korte.

Robert E. Ferris, Jr., of Gustafson, Caldwell, Stephens & Ferris, Fort Lauderdale, for amicus curiae-The Fraternal Order of Police.

ALDERMAN, Chief Judge.

In this appeal we must determine what effect, if any, the adoption of comparative negligence in lieu of contributory negligence has had upon the "rescue doctrine" and whether a policeman who is injured while attempting a rescue has a cause of action against those responsible for the peril. We conclude that principles of comparative negligence are applicable in rescue cases and that a policeman, under certain circumstances, may have a cause of...

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