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Rosa v. Dunkin' Donuts of Passaic

583 A.2d. 1129 (1991)

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Rosa v. Dunkin’ Donuts of Passaic

New Jersey Supreme Court

583 A.2d. 1129 (1991)

Facts

Jose Rosa (plaintiff) was a police officer in Passaic, New Jersey. An employee at Dunkin’ Donuts of Passaic (defendant) fell unconscious and called the police for emergency medical assistance. Rosa responded to the call. As Rosa carried the unconscious employee on a stretcher, Rosa slipped on some spilled confectioner’s sugar and fell. Rosa sued Dunkin’ Donuts for negligence, alleging that the shop negligently failed to keep its floor clean. The trial court dismissed Rosa’s claim on the basis that Dunkin’ Donuts was immune from liability under the so-called fireman’s rule. On appeal, Rosa argued that the fireman’s rule protected landowners from liability for negligence that caused the emergency to which a fireman responded, but not for negligence unrelated to the emergency. The court of appeals held that the fireman’s rule precluded Rosa’s suit against Dunkin’ Donuts. Rosa appealed.

Rule of Law

Issue

Holding and Reasoning (Garibaldi, J.)

Dissent (Handler, J.)

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