APODACA v. WILLMORE

No. 111,987.

349 P.3d 481 (2015)

51 Kan. App. 2d 534

Juan A. APODACA, Appellant, v. Mark WILLMORE, Matthew Willmore, and Oak River Insurance Company, Appellees.

Court of Appeals of Kansas.

May 15, 2015.


Attorney(s) appearing for the Case

Roger D. Fincher , of Bryan, Lykins, Hejtmanek and Fincher, P.A., of Topeka, for appellant.

Joel W. Riggs and Craig C. Blumreich , of Larson & Blumreich Chartered, of Topeka, for appellees.

Before SCHROEDER, P.J., ATCHESON and BRUNS, JJ.


This case presents an issue of first impression in Kansas. We are asked to decide whether the judicially created firefighter's rule (previously referred to as the "fireman's rule") applies to law enforcement officers. We find that the public policy expressed by the Kansas Supreme Court in Calvert v. Garvey Elevators, Inc.,

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