LIPSON v. SUPERIOR COURT

Docket No. L.A. 31474.

31 Cal.3d 362 (1982)

644 P.2d 822

182 Cal. Rptr. 629

MELVIN LIPSON et al., Petitioners, v. THE SUPERIOR COURT OF ORANGE COUNTY, Respondent; JOHN BERGER, Real Party in Interest.

Supreme Court of California.

May 17, 1982.


Attorney(s) appearing for the Case

COUNSEL

Johnson, Highman & Dillard, Johnson, Harris & Peterson and David R. Highman for Petitioners.

No appearance for Respondent.

Frank D. McAlpine and Kerrigan & McAlpine for Real Party in Interest.


OPINION

BIRD, C.J.

This case presents questions concerning the parameters of the common law fireman's rule. The primary issue is whether the rule precludes a fireman, injured in the line of duty, from recovering damages from a party whose negligent or intentional misrepresentation of the nature of an emergency at a chemical manufacturing plant proximately caused the injury. Also at issue is whether the rule bars a fireman's strict...

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