[Download] "Ronald Zanghi Et Al. v. Niagara Frontier Transportation Commission" by Court of Appeals of New York * Book PDF Kindle ePub Free
eBook details
- Title: Ronald Zanghi Et Al. v. Niagara Frontier Transportation Commission
- Author : Court of Appeals of New York
- Release Date : January 30, 1995
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 77 KB
Description
In Cooper v City of New York (81 N.Y.2d 584, 601 N.Y.S.2d 432, 619 N.E.2d 369), we held that, pursuant to the firefighter rule, 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. These three appeals require us to determine the scope of this bar to recovery. We conclude that the firefighter rule precludes a police officer or firefighter from recovering in tort when the performance of his or her duties increased the risk of the injury happening, and did not merely furnish the occasion for the injury. Applying that test in each of these cases before us, we hold that all three plaintiffs are barred from recovering on their common-law negligence claims. In Raquet v Braun, however, we hold that the plaintiff firefighters statutory claims pursuant to General Municipal Law § 205-a should be reinstated.
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