Practice point: The firefighter rule provides that police and firefighters may not
recover in common-law negligence for line-of-duty injuries resulting
from risks associated with the particular dangers inherent in that type of employment. The rule bars a police
officer's or a firefighter's recovery when the performance of his or
her duties increased the risk of the injury's happening, and did not
merely furnish the occasion for the injury.
Student note: General Municipal Law § 205-e permits a police officer to assert a tort
claim against a fellow officer or an employer. To establish a cause of
action under the statute, a plaintiff must identify the statute or ordinance with which the defendant failed to
comply, describe the manner in which the police officer was
injured, and set forth facts from which it may be inferred
that the defendant's negligence directly or indirectly caused the harm.
Case: Gammons v. City of New York, NY Slip Op 05298 (2d Dept. 2013).
Here is the decision.
Tomorrow's issue: Rescinding a contract under the Securities & Exchange Act.
