KIERNAN v. MILLER


259 N.J. Super. 320 (1992)

612 A.2d 1344

JAMES J. KIERNAN, PLAINTIFF, v. AL MILLER (IMPROPERLY IMPLEADED AS MILLER INVESTMENT CO.), OXFORD CONSTRUCTION CO. INC., LOUIS ROTHBERG & SONS AND RUSSELL FRANCIS AND JOHN DOES A TO Z, DEFENDANTS.

Superior Court of New Jersey, Law Division Civil Action, Union County.

Decided July 16, 1992.


Attorney(s) appearing for the Case

Wayne D. Greenfeder (Kramer, Burns & Lovell, attorneys), for plaintiff.

William D. Joachim (K. Ruth Larson, attorney), for defendants Russell Francis and Rothberg & Sons, Inc.


MENZA, J.S.C.

Defendant moves to dismiss the plaintiff's claim on the basis that it is barred by the fireman's rule.

The question presented in this case is whether the fireman's rule applies to a volunteer first aid worker who is injured while rendering medical assistance to an injured person.

This is a novel question.

Plaintiff is a volunteer first aid worker associated with an emergency medical service known as the Collman Emergency Unit...

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