This case is before us on rehearing. We originally reversed the circuit court's order granting defendants' motion for summary disposition. Stehlik v Johnson, 204 Mich.App. 53; 514 N.W.2d 508 (1994) (WEAVER, P.J., dissenting). Defendants argue in their motion for rehearing that our original opinion, in considering the circumstances of this case, applied the fireman's rule too narrowly. Upon further review, we affirm the trial court's grant of summary disposition.
Plaintiff Earl Stehlik, a Detroit police officer, was injured in a traffic accident on August 2, 1990, when the police department motorcycle he was riding collided with a van owned by defendant Papoos Electric, Inc., and driven by defendant Andrew Johnson. The accident occurred at approximately 3:00 P.M. on westbound Holbrook near the intersection of Delmar in the City of Detroit. On the day of the accident, plaintiff appeared in the 36th District Court at 9:00 A.M., as part of his police duties, and remained there until the afternoon. Plaintiff stated that his normal shift hours were from 11:00 A.M. to 7:00 P.M., but contends
Defendants moved for summary disposition pursuant to MCR 2.116(C)(8) and (10), arguing that the fireman's rule barred plaintiffs' claims of negligence and loss of consortium. The trial court agreed and granted the motion for summary disposition. We now affirm.
Summary disposition is reviewed de novo, because this Court must review the record to determine whether the moving party was entitled to judgment as a matter of law. Michigan Mutual Ins Co v Dowell, 204 Mich.App. 81, 86; 514 N.W.2d 185 (1994). MCR 2.116(C)(8) permits summary disposition when the opposing party has failed to state a claim upon which relief can be granted. A motion under this subsection determines whether the opposing party's pleadings allege a prima facie case. The court must accept as true all well-pleaded facts. Only if the allegations fail to state a legal claim is summary disposition pursuant to MCR 2.116(C)(8) valid. Radtke v Everett, 442 Mich. 368, 373-374; 501 N.W.2d 155 (1993). A motion pursuant to MCR 2.116(C)(10) tests the factual basis underlying a plaintiff's claim. MCR 2.116(C)(10) permits summary disposition when, except for the amount of damages, there is no genuine issue concerning any material fact and the moving party is entitled to damages as a matter of law. A court reviewing such a motion must consider the pleadings, affidavits, depositions, admissions, and any other evidence in favor of the opposing party and grant the benefit of any reasonable doubt to the opposing party. Radtke, p 374.
The fireman's rule is a common-law doctrine
In Woods v City of Warren, 439 Mich. 186, 190; 482 N.W.2d 696 (1992), the Supreme Court held that the fireman's rule prevents police officers and fire fighters from recovering for injuries sustained in the course of duty. The Court went on to state that the analytical focus must be on whether the injury stems directly from an officer's police functions. If the circumstances indicate that it does, then the fireman's rule applies. If the circumstances indicate otherwise, then it likely does not apply. Id., p 193. The Court in Woods summarized the fireman's rule as barring recovery for two types of injury: those deriving from the negligence causing the safety officer's presence and those stemming from the normal risks of the safety officer's profession. Id., p 196.
In this case, we believe that the second prong of the fireman's rule bars plaintiff's claim. Plaintiff
We find that the risk of a traffic accident is inherent in fulfilling the duties of a police officer, such as plaintiff, assigned to traffic enforcement. Therefore, the circumstances of this case indicate that plaintiff's injury stemmed directly from his duty as a traffic enforcement officer. Id., pp 193-194. Plaintiff's claim is barred by the fireman's rule.
We recognize that the scope of the rule does not include all risks encountered by a safety officer, nor is the rule a license to act without regard for the well-being of the safety officer. Kreski, supra, p 372. The circumstances of this case, however, are that plaintiff was a traffic enforcement officer assigned to patrol the area in which he was hit and the accident occurred during his normal job hours. While it is true that this case does not involve injury during a high-speed chase (a classic police function), thereby invoking application of the fireman's rule, Woods, supra, p 192; McGhee v Dep't
Accordingly, the fireman's rule applies to the circumstances of this case where plaintiff, a traffic enforcement officer while on his police motorcycle during his normal work hours, was involved in an automobile accident in the precinct in which he patrolled. The risk of being involved in a traffic accident is a risk inherent in the duties of a traffic enforcement police officer. The trial court did not err in granting defendants' motion for summary disposition.
WEAVER, P.J., concurred.
MURPHY, J. (dissenting).
I would reverse the circuit court's order granting defendants' motion for summary disposition for the reasons stated in the previous majority opinion in this case. Stehlik v Johnson, 204 Mich.App. 53; 514 N.W.2d 508 (1994). I further question whether driving upon the public highway in a normal fashion, even if it could be concluded that the officer was on patrol, is the type of risk contemplated by the fireman's rule so as to bar recovery for a police officer injured by a negligent driver. See Woods v City of Warren, 439 Mich. 186, 192; 482 N.W.2d 696 (1992).