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ROSA v. DUNKIN' DONUTS OF PASSAIC

122 N.J. 66 (1991)

583 A.2d 1129

JOSE ROSA AND MARIE ROSA, HIS WIFE, PLAINTIFFS-APPELLANTS, v. DUNKIN' DONUTS OF PASSAIC AND CARMEL ADITYA, A/K/A CARMEL ADITRIA, DEFENDANTS-RESPONDENTS, AND JOSEPH TAVARES, ABC CORPORATION, AND JOHN DOE (FICTITIOUS NAMES REPRESENTING THE OWNERS AND/OR OPERATORS OF DUNKIN' DONUTS, PASSAIC, NEW JERSEY), DEFENDANTS.

The Supreme Court of New Jersey.

Decided January 15, 1991.

Attorney(s) appearing for the Case

Barry Fredson argued the cause for appellants (Goldstein, Ballen, O'Rourke & Wildstein, attorneys).

Carl A. Perrone argued the cause for respondents (Paul Seligman, attorney).

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

In Krauth v. Geller, 31 N.J. 270, 273, 157 A.2d 129 (1960), we adopted the fireman's rule that "the owner or occupier is not liable to a paid fireman for negligence with respect to the creation of a fire." Id. at 273, 157 A.2d 129. In Berko v. Freda, 93 N.J. 81

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