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NEIGHBARGER v. IRWIN INDUSTRIES, INC.

Docket No. S033049.

8 Cal.4th 532 (1994)

882 P.2d 347

34 Cal. Rptr.2d 630

CRAIG NEIGHBARGER et al., Plaintiffs and Appellants, v. IRWIN INDUSTRIES, INC., Defendant and Respondent.

Supreme Court of California.

October 27, 1994.

Attorney(s) appearing for the Case

COUNSEL

Preston Easley and Scott Sayre for Plaintiffs and Appellants.

Allan B. Weiss and James D. Turner for Defendant and Respondent.

Fred J. Hiestand as Amicus Curiae on behalf of Defendant and Respondent.

OPINION

MOSK, J.

This case presents the question whether a private safety employee who has occasional firefighting duties may state a cause of action against a third party, not the employer, for injuries caused by the third party's negligence in starting a fire. We conclude that a private safety employee may state such a cause of action, and that such a claim is not barred by the firefighter...

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