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eBook details

• Title: Donovan v. Fiumara
• Author : Court of Appeals of North Carolina
• Release Date : January 03, 1994
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 62 KB

Description

This is an action for personal injuries suffered by the plaintiff, a member of the Elm Creek volunteer fire department, when he, along with other members of the department, responded to a call to the scene of a collision between two motor vehicles, one of which was a gasoline tanker. After plaintiff arrived at the scene and while he was in the process of trying to extricate the transport driver from the tractor cab in which he was pinned, an explosion and fire occurred and the plaintiff was badly burned. The defendants are the persons -- owners, operators, or lessees of the second vehicle -- whose negligence was allegedly the cause of the collision. The primary legal question involved in this case is whether the plaintiffs claimed right of recovery is barred by the operation of the so-called "firemans rule," or whether the "rescue doctrine" should apply and the plaintiff be permitted to recover if there be proof that the negligence of all or some of the defendants was a proximate cause of the collision, the fire, and the plaintiffs injuries. The defendants filed a motion for summary judgment which was granted and the plaintiff has appealed to this court. We affirm.

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