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STAPPER v. GMI HOLDINGS, INC.

No. A085012.

86 Cal.Rptr.2d 688 (1999)

73 Cal.App.4th 787

Melanie STAPPER, Plaintiff and Appellant, v. GMI HOLDINGS, INC., Defendant and Respondent.

Court of Appeals of California, First District, Division Five.

Rehearing Denied August 9, 1999.

Review Denied October 27, 1999.

Attorney(s) appearing for the Case

Greene, Broillet, Taylor, Wheeler & Panish, Scott H. Carr, Browne Greene, Santa Monica, Esner & Chang, Stuart B. Esner, Los Angeles, Andrew N. Chang, San Francisco, Terrence L. Butler, Beverly Hills, for plaintiff and appellant.

Robinson, Calcagnie & Robinson and Sharon J. Arkin for Consumer Attorneys of California as Amicus Curiae on behalf of plaintiff and appellant.

McCutchen, Doyle, Brown & Enersen, John R. Reese, Warren George, John S. Hoar, San Francisco, for defendant and respondent.

JONES, P.J.

Melanie Stapper brings this appeal from the trial court's grant of nonsuit on her claims against GMI Holdings, Inc., doing business as the Genie Company (Genie). The trial court concluded that "the Firefighter's Rule bars plaintiffs claims as a matter of law." We reverse.

I. FACTUAL AND PROCEDURAL BACKGROUND

At the trial court's request and prior to selection of a jury, Stapper made an offer of proof as to the evidence that she would...

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