WIETECHA v. PEORONARD


102 N.J. 591 (1986)

510 A.2d 19

THEODORE M. WIETECHA, LINDA M. WIETECHA, JOSEPH CADAMATRE AND JOAN CADAMATRE, PLAINTIFFS-APPELLANTS, v. GUY PEORONARD, CHR BJELLAND & COMPANY, INC., BORIS PISMICHENKO, ATTERBURY TAXI CORP., FRANCIS J. SULLIVAN, AND EDWARD M. MERSKI, DEFENDANTS-RESPONDENTS, AND MITCHELL S. PERRY, DEFENDANT. GUY PEORONARD AND CHR BJELLAND & COMPANY, INC., THIRD-PARTY PLAINTIFFS-RESPONDENTS, v. PORT AUTHORITY OF NEW YORK AND NEW JERSEY, THIRD-PARTY DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided May 21, 1986.


Attorney(s) appearing for the Case

Paul J. Hirsh argued the cause for appellants (Whipple, Ross & Hirsh, attorneys).

Jack A. Maloof argued the cause for respondents Guy Peoronard and CHR Bjelland & Company, Inc. (Maloof and Lebowitz, attorneys).

Vincent J. Galasso submitted a letter in lieu of brief on behalf of respondent Boris Pismichenko and Atterbury Taxi Corp.

Hal D. Pugach submitted a letter in lieu of brief on behalf of respondent Francis J. Sullivan (Paul Seligman, attorney).

Gustave A. Peduto submitted a letter in lieu of brief on behalf of respondent Edward M. Merski (Oppenheim & Oppenheim, attorneys).

Stephen F. Kern submitted a letter in lieu of brief on behalf of respondent Port Authority of New York and New Jersey (Hugh H. Welsh, attorney).


PER CURIAM.

This case was originally argued with Mahoney v. Carus Chem. Co., 102 N.J. 564 (1986), also decided today. Its tragic circumstances illustrate the difficulties of applying the "fireman's rule" to complex factual situations. We believe, however, that the lower courts correctly applied the rule to the police officers investigating accidents here, and thus, we affirm the order...

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