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BOYER v. ANCHOR DISPOSAL AND SUNSHINER MAINTENANCE

135 N.J. 86 (1994)

638 A.2d 135

JAMES BOYER AND DONNA BOYER, HUSBAND AND WIFE, PLAINTIFFS-APPELLANTS, v. ANCHOR DISPOSAL AND SUNSHINER MAINTENANCE, DEFENDANTS-RESPONDENTS, AND RMB REALTY, INDIVIDUALLY AND AS OWNERS OF OCEAN ONE MALL, MOOR & SOUTH, AND JOHN DOE MAINTENANCE PERSON, DEFENDANTS.

The Supreme Court of New Jersey.

Decided March 14, 1994.

Attorney(s) appearing for the Case

Lars S. Hyberg argued the cause for appellants (McAllister, Westmoreland, Vesper & Schwartz, attorneys).

Alan G. Giebner argued the cause for respondent Sunshiner Maintenance (Buonadonna, Benson & Parenti, attorneys).

Lawrence P. Engrissei argued the cause for respondent Anchor Disposal (Thomas Dempster, III, attorney).

The opinion of the Court was delivered by O'HERN, J.

This case concerns an application of the firefighters' rule, which limits in certain circumstances the liability of one whose negligence causes injuries to a firefighter or police officer performing emergency duties. Because the Legislature has, in effect, abolished the firefighters' rule in New Jersey, L. 1993, c. 366, this case is probably the last in which...

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