McGriff v. Newark Housing Authorithy
McGriff v. Newark Housing Authorithy
Opinion of the Court
The opinion of the court was delivered by
This is a personal injury, ice and snow fall-down case. Plaintiff, a Newark police officer, appeals from an order of the Law Division granting defendant Newark Housing Authority a summary judgment dismissing the complaint. From the trial
On January 5, 1988, plaintiff was working out of a police station located in an apartment building owned and operated by defendant. While going from the police station to his car to retrieve his summons book, plaintiff slipped on ice at a point where the sidewalk adjoins the parking lot.
In Rosa v. Dunkin’ Donuts of Passaic, supra, the Supreme Court reaffirmed the principle that police and fire officers may not recover for harms caused by risks inherent and incidental to the performance of their duties.
Firefighters and police officers must be held to assume the risks that are to be expected in encountering the hazards and risks of their job. They are risks inherent and incidental to the performance of the duties of a firefighter and police officer. Such risks properly include an ordinary act of negligence that an officer may encounter at the scene of the incident.
Id. 122 N.J. at 73, 583 A.2d 1129.
Although the harm may be caused by negligence which is unconnected with the reason for the officer’s presence, it must still bear some relation to those special risks inherent in their occupation which form the rationale for the Fireman’s Rule. Thus, in Rosa, the harm was caused by the presence of a slippery substance on the Dunkin’ Donuts floor, but the police officer was present in response to a call for emergency assistance. Id. at 69, 583 A.2d 1129. In the instant case, plaintiff’s
Reversed.
The police station occupies space in one of 12 large apartment buildings which form the Stella Wright projects. In patrolling the projects as a plainclothes officer, plaintiff and a partner had apprehended two suspected car thieves and taken them to the station. It was at this point plaintiff realized he had left the summons book in his parked car.
Reference
- Full Case Name
- RONALD McGRIFF v. NEWARK HOUSING AUTHORITY, DEFENDANT-RESPONDENT
- Cited By
- 2 cases
- Status
- Published