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BENEFIEL v. WALKER

Record Nos. 911716, 920002.

422 S.E.2d 773 (1992)

Kristopher R. BENEFIEL v. Charles A. WALKER, et al. Donald Ruben SHELTON v. Mark Thomas OVERSTREET, et al.

Supreme Court of Virginia.

November 6, 1992.

Attorney(s) appearing for the Case

Kenneth C. King, Jr., Roanoke (Steven L. Higgs, King & Higgs, on briefs), for appellant in Record No. 920002.

Thomas W. Farrell, Roanoke (David B. Hart, Wooten & Hart, on brief), for appellees in Record No. 920002.

Amicus Curiae: Virginia State Police Ass'n (Michael A. Kernbach, Washington, D.C., Lou Ann K. Behan, Chantilly, Koonz, McKenney, Johnson & DePaolis, Washington, D.C., on brief).

Gary V. Davis, McLean, for appellant in Record No. 911716.

Thomas M. Wochok, Arlington, for appellee Charles Allen Walker.

Katherine M. Fogarty, Arlington (Miller, Miller, Kearney & Geschickter, on brief), for appellee Nationwide Mutual Ins. Co.

Present: All the Justices.

WHITING, Justice.

In these two appeals, we examine the scope of a common-law doctrine known as the "fireman's rule," which limits a defendant's tort liability for otherwise culpable injuries to firemen and policemen.1

I.

On September 6, 1988, Kristopher R. Benefiel, a Fairfax County police officer, was injured when a car driven by Charles A. Walker struck the rear of his cruiser. Benefiel sued Walker.

The motion...

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