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Keywords

lawsuittortdamagesnegligencemotionsummary judgmentsustained

tortplaintiffdefendantnegligencemotionsummary judgmentsustained

Related Cases

Smith v. Tully, 665 A.2d 1333

Facts

On September 4, 1989, police officer Barry Smith responded to a call about a man with a knife at the Sun and Sand Cafe. Upon arrival, he encountered Rafael Salvador, who was armed with a machete and acting aggressively. After Salvador charged at him, Smith shot and killed him in self-defense, sustaining physical injuries and emotional distress as a result. Smith later filed a lawsuit against the bar owner, alleging that the bar served alcohol to Salvador while he was visibly intoxicated, contributing to the incident.

At approximately 10 pm on September 4, 1989, plaintiff, a Middletown police officer, responded to a call to investigate a report that a man was 'playing with a knife' in a restroom at the Sun and Sand Cafe, a bar located in Middletown.

Issue

Whether the police officer's rule bars a police officer from recovering damages under the Dram Shop Act for injuries sustained while responding to a disturbance at a bar.

The plaintiff argues that the motion justice erred in ruling that the police officer's rule bars his cause of action against the defendant.

Rule

The police officer's rule is a common-law doctrine that prevents police officers from recovering damages from a tortfeasor whose negligence brings them to the scene of an injury. The rule applies if the officer was injured in the course of employment, the risk was foreseeable, and the tortfeasor created the dangerous situation.

An extension of the firefighter's rule, the police officer's rule is a common-law doctrine which operates to preclude a police officer from recovering from a tortfeasor whose negligence brings him or her to the site at which injury is sustained.

Analysis

The court found that all three criteria for the police officer's rule were met in this case. Officer Smith was injured while on duty, responding to a call about a dangerous situation involving an intoxicated individual. The risk of encountering violence in such a scenario was foreseeable, and the bar owner’s negligence in serving alcohol to Salvador contributed to the dangerous situation that led to Smith's injuries.

We are of the opinion that all three of the requirements for invocation of the police officer's rule are satisfied in the instant case.

Conclusion

The court affirmed the summary judgment in favor of the bar owner, concluding that the police officer's rule barred Smith's recovery under the Dram Shop Act.

Accordingly, it is our conclusion that a defendant tortfeasor may invoke the police officer's rule as an affirmative defense in actions brought under the act.

Who won?

Thomas F. Tully, the bar owner, prevailed because the court ruled that the police officer's rule applied, preventing Smith from recovering damages.

The defendant argues that the Superior Court motion justice appropriately granted summary judgment.

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