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KELHI v. FITZPATRICK

Docket No. B072023.

25 Cal.App.4th 1149 (1994)

31 Cal. Rptr. 182

PATRICK M. KELHI, Plaintiff and Appellant, v. JAMES FITZPATRICK et al., Defendants and Respondents; CALIFORNIA HIGHWAY PATROL, Intervener and Appellant.

Court of Appeals of California, Second District, Division One.

June 13, 1994.

Attorney(s) appearing for the Case

COUNSEL

Jill Suzanne Breslau and Francis A. Sparagna for Plaintiff and Appellant.

Krimen, Bjornsen & Klein and Steven Helfend for Intervener and Appellant.

Kinkle, Rodiger & Spriggs, Paul B. Reynolds, L. Steven Hattendorf, Gerard C. Mogab, Breidenbach, Swainston & Way, Breidenbach, Swainston, Crispo & Way, Gregory D. Bistline, Ted H. Luymes, McGee, Willis & Greene, McGee, Lafayette, Willis & Greene, Robert Lipscomb and Sarah J. Goldberg for Defendants and Respondents.

OPINION

ORTEGA, J.

This appeal involves the "firefighter's rule" (Seibert Security Services, Inc. v. Superior Court (1993) 18 Cal.App.4th 394 [22 Cal.Rptr.2d 514]) and the doctrine of primary assumption of the risk (Knight v. Jewett (1992) 3 Cal.4th 296 [

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