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MAHONEY v. CARUS CHEMICAL CO., INC.

102 N.J. 564 (1986)

510 A.2d 4

THOMAS P. MAHONEY, AND BARBARA MAHONEY, HIS WIFE, PLAINTIFFS-APPELLANTS, v. CARUS CHEMICAL COMPANY, INC., AND CARUS CORPORATION-CARUS CHEMICAL CO. DIVISION; HUNGERFORD & TERRY, INC.; AND INVERSAND COMPANY, JOINTLY, SEVERALLY AND IN THE ALTERNATIVE, DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Reargued March 3, 1986.

Decided May 21, 1986.

Attorney(s) appearing for the Case

William J. Cook argued the cause for appellants (Brown, Connery, Kulp, Wille, Purnell & Greene, attorneys).

F. Herbert Owens, III, argued the cause for respondents Carus Chemical Company, Inc. and Carus Corporation-Carus Chemical Co. Division (Montano, Summers, Mullen, Manuel & Owens, attorneys).

John P. Morris argued the cause for respondents Hungerford & Terry, Inc. and Inversand Company (Horuvitz, Perlow, Morris & Baker, attorneys; Michael A. Pirolli, on the brief).

Barry T. Parker argued the cause for amicus curiae New Jersey State Firemen's Association (Parker, McCay & Criscuolo, attorneys).

The opinion of the Court was delivered by STEIN, J.

In this appeal we consider whether the immunity afforded by the fireman's rule insulates from liability a defendant whose willful and wanton misconduct is the proximate cause of the fire that compelled the fireman's presence at the fire scene and caused him to sustain injury. A related issue concerns the application of the fireman's rule to the manufacturer of a defective...

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