Rosa v. Dunkin' Donuts Of Passaic

583 A.2d. 1129 (1991)

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Nature of the Case

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Facts

P, a police officer, responded to a call for emergency medical assistance for a sick employee at D's store. P found an unconscious employee. While he was carrying the unconscious employee on a stretcher to the police ambulance, P's left foot slipped on a white powdery substance (presumably confectioner's sugar or flour) on the kitchen floor of the donut shop. P filed a lawsuit alleging that Ds had caused him to slip and fall by negligently allowing the white powdery substance to remain scattered on the kitchen floor, thereby creating a slippery floor. P claims that the white powdery substance on the floor created a foreseeable risk of avoidable future harm. Ds moved for summary judgment, claiming that the fireman's rule barred P's action. Many statements of that rule limit it to barring claims based upon the very negligence that occasioned the rescuer's presence. D cited recent cases that held it applicable to situations in which the officer's presence was occasioned by some factor other than the negligence that caused his or her injury. The trial court granted Ds' motion. P appealed. The Appellate Division unanimously rejected P's contention that his claim fell into a standard exception to the fireman's rule. P appealed. P claims that the injury sustained falls squarely within the exception carved out for negligence which did not create the occasion for the public employee's presence.