Practice point: There is no cause of action in negligence against a rescuer who was rushing into danger to save someone from an imminent, life-threatening peril.
Practitioners should note that the doctrine works against a party whose culpable act has put someone in an imminent peril which invites a third person to come to the rescue.
Case: Flederbach v. Lennett, NY Slip Op 06402 (2d Dept. 2009)
The opinion is here.
Tomorrow’s issue: Motion practice.
