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CHRISTENSEN v. MURPHY

No. TC 14561; CA A20590; SC 28701.

678 P.2d 1210 (1984)

296 Or. 610

Wendy CHRISTENSEN, Personal Representative of the Estate of John Paul Christensen, Petitioner On Review, v. Sherrie MURPHY, Respondent On Review.

Supreme Court of Oregon.

Decided March 20, 1984.

Rehearing Denied May 1, 1984.

Attorney(s) appearing for the Case

W. Eugene Hallman, Pendleton, argued the cause for petitioner on review. With him on the briefs were Mautz, Hallman & Teicher, Pendleton, and Pippin & Bocci, Portland.

Douglass M. Hamilton, Portland, argued the cause for respondent on review. With him on the response and brief were I. Franklin Hunsaker and Bullivant, Wright, Leedy, Johnson, Pendergrass & Hoffman, Portland.

Darrell E. Bewley, Salem, filed a brief of amicus curiae in the Court of Appeals in behalf of State Acc. Ins. Fund.

Will Aitchison of Aitchison & Sherwood, Portland, filed a brief of amicus curiae in the Supreme Court in behalf of Or. Council of Police Associations.

Before LINDE, PETERSON, TANZER, CAMPBELL and CARSON, JJ.

CARSON, Justice.

Plaintiff's decedent, a police officer, was killed in the course of his duties allegedly as the direct result of defendant's negligence. The trial court, however, held that plaintiff's wrongful death claim against defendant was barred by the "fireman's rule."1 In so doing the trial court applied the "fireman's rule" to a police officer (see Cullivan v. Leston, 43 Or.App. 361

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