Pinter v. American Family Mut. Ins. Co.

2000 WI 75, 613 N.W.2d 110, 236 Wis. 2d 137, 2000 Wisc. LEXIS 418
CourtWisconsin Supreme Court
DecidedJune 30, 2000
Docket99-0869
StatusPublished
Cited by27 cases

This text of 2000 WI 75 (Pinter v. American Family Mut. Ins. Co.) is published on Counsel Stack Legal Research, covering Wisconsin Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Pinter v. American Family Mut. Ins. Co., 2000 WI 75, 613 N.W.2d 110, 236 Wis. 2d 137, 2000 Wisc. LEXIS 418 (Wis. 2000).

Opinions

[141]*141JON P. WILCOX, J.

¶1. Thomas Pinter appeals from the grant of summary judgment against his negligence action. Pinter is a firefighter and EMT who sustained injuries while providing emergency medical assistance to a passenger who was injured in an automobile accident. Pinter sued the drivers of the cars that were involved in the accident, arguing that his injuries were the direct and proximate result of the drivers' negligence.

¶ 2. The drivers moved for summary judgment. The Circuit Court for Waukesha County, Patrick L. Snyder, Judge, granted the drivers' summary judgment motions because the court concluded that a public policy limitation on liability, commonly termed the "firefighter's rule," bars Pinter from pursuing a negligence action against the drivers.

¶ 3. Pinter appealed. The court of appeals certified the appeal to this court to decide the following question:

Does the firefighter's rule, as adopted in Hass v. Chicago & North Western Railway, 48 Wis. 2d 321, 179 N.W.2d 885 (1970), bar an emergency medical technician (EMT) from pursuing a cause of action against a negligent driver for injuries sustained while rendering aid to the victim of an automobile accident?

We answer this question in the affirmative. We therefore affirm the judgment of the circuit court.

FACTS

¶ 4. Because this case arises on a motion for summary judgment we accept the facts pleaded by the plaintiff as true. Sawyer v. Midelfort, 227 Wis. 2d 124, [142]*142136, 595 N.W.2d 423 (1999). The facts alleged by Pinter are as follows.

¶ 5. On February 27,1997, Stephen Jesmok and Herbert Otto negligently caused an automobile collision in Brookfield, Waukesha County. The collision resulted in injury to a woman who was a passenger in Jesmok's vehicle.

¶ 6. Pinter is a firefighter and EMT for the city of Brookfield whose job requires him to provide emergency care and treatment to victims of automobile accidents in the Brookfield vicinity. Pinter has special training and extensive experience in extricating injured individuals from automobiles.

¶ 7. Pinter was called to the scene of the collision caused by Jesmok and Otto on February 27, 1997. He responded to the emergency in his capacity as an EMT, to provide emergency medical assistance to the injured passenger.

¶ 8. The passenger appeared to be suffering from a spinal cord injury. To assist in safely extricating the passenger from the vehicle, Pinter was required to maintain traction on the passenger's head, neck, and back. To do so, Pinter had to assume an awkward position for a period of time. As a result of maintaining this awkward position, Pinter sustained an inguinal hernia, a serious and permanent injury that required surgical repair.

PROCEDURAL HISTORY

¶ 9. On July 29, 1998, Pinter filed a complaint against Jesmok, Otto, and their insurers claiming that his injuries were a direct and proximate result of Jes-mok and Otto's negligence. In his action against the drivers, Pinter seeks compensatory damages for severe and permanent injuries; pain, suffering, and disability; [143]*143medical bills; and loss of earning capacity. The worker's compensation carrier who compensated Pinter for his injuries is a subrogated plaintiff in Pinter's complaint.

¶ 10. The defendants filed motions for summary judgment arguing that Pinter's action against the negligent drivers was barred by Hass and by public policy considerations.1 Hass holds that "one who negligently starts a fire is not liable for that negligence when it causes injury to a firefighter who comes to extinguish the blaze." Hass, 48 Wis. 2d at 327.

¶ 11. The circuit court concluded that the reasoning of Hass applied equally to Pinter's cause of action. The court indicated that if Pinter's claims against the drivers were based at least in part on separate acts of negligence (that is, negligence besides the negligent driving that caused the collision) then the claims could proceed. However, Pinter conceded that his claims were based solely on the negligent driving that caused the collision. The court therefore dismissed Pinter's claims with prejudice.

STANDARD OF REVIEW

¶ 12. Pinter appeals from the circuit court's grant of summary judgment to the defendants-respondents. We review a grant of summary judgment independently, using the same method as the circuit [144]*144court. Sawyer, 227 Wis. 2d at 135. Summary judgment will be granted only when there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. Id. at 136 (quoting Schuster v. Altenherg, 144 Wis. 2d 223, 424 N.W.2d 159 (1988)).

¶ 13. Summary judgment was granted in this case in reliance on Hass, which establishes a public policy limitation on liability. Whether public policy considerations preclude a particular cause of action is a question of law, to be determined solely by the court. Hass, 48 Wis. 2d at 326. Although it is often better to examine such public policy considerations after the facts have been resolved by trial, there are cases in which the public policy question is fully presented by the pleadings. Id. at 326-27. This is such a case.

ANALYSIS

¶ 14. Most jurisdictions in the United States limit liability in negligence cases under a theory of law commonly termed the "firefighter's rule."2 As applied to firefighters, the rule limits a firefighter's ability to recover damages for injuries sustained while performing his or her duties as a firefighter. In many jurisdictions this rule was originally based on the reasoning that a firefighter who enters premises to fight a fire is a licensee to whom the owner or occupier of the premises owes no duty except to refrain from willful or wanton injury.3 As the categories of "invitee" and [145]*145"licensee" gradually have been abolished in tort law,4 some courts turned to the doctrine of assumption of risk to support the rule.5 These courts reasoned that " 'one who has knowingly and voluntarily confronted a hazard cannot recover for injuries sustained thereby.'" Thomas v. Pang, 811 P.2d 821, 824 (Haw. 1991)(quoting Walters v. Sloan, 571 P.2d 609, 612 (Cal. 1977), abrogated in part by Neighbarger v. Irwin Indus., Inc., 882 P.2d 347 (Cal. 1994) and superseded in part by statute in Cal. Civil Code § 1714.9 (West 1999)).

¶ 15. More recently, most courts adopting or adhering to the firefighter's rule have justified the rule on public policy grounds. Thomas, 811 P.2d at 824. Thirty years ago, public policy led this court to recognize a limitation on liability in a firefighter's negligence action in Hass. Hass, 48 Wis. 2d at 326-27.

¶ 16.

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Bluebook (online)
2000 WI 75, 613 N.W.2d 110, 236 Wis. 2d 137, 2000 Wisc. LEXIS 418, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pinter-v-american-family-mut-ins-co-wis-2000.