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ESPINOZA v. SCHULENBURG

No. CV-05-0158-PR.

129 P.3d 937 (2006)

212 Ariz. 215

Elizabeth ESPINOZA, an unmarried woman, Plaintiff/Appellant, v. Carrington SCHULENBURG, an unmarried woman; John Schulenburg and Debra Schulenburg, husband and wife, Defendants/Appellees.

Supreme Court of Arizona, En Banc.

March 15, 2006.

Attorney(s) appearing for the Case

Curran & Belville, P.A. by Christopher J. Curran, Chad L. Belville, Tempe, Attorneys for Elizabeth Espinoza.

Jones, Skelton & Hochuli, P.L.C. by Ronald W. Collett, Randall H. Warner, Phoenix, Attorneys for Carrington Schulenburg, John Schulenburg, and Debra Schulenburg.

Humphrey & Petersen, P.C., by Andrew J. Petersen, Tucson, Attorneys for Amicus Curiae Arizona Association of Defense Counsel.

OPINION

BERCH, Vice Chief Justice.

¶ 1 This case requires us to decide whether the firefighter's rule bars an off-duty firefighter who volunteered at the scene of an accident from suing the person whose negligence caused the accident. We conclude that it does not. We therefore reverse the grant of summary judgment by the trial court, vacate the decision of the court of appeals, and remand the case for trial.

FACTS AND PROCEDURAL BACKGROUND...

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