Opinion
No. CV 03 0194162 S
May 14, 2004
MEMORANDUM OF DECISION
The defendants, Valley Fire Chief's Training School and James Gies, move for summary judgment on the grounds that they are entitled to judgment as a matter of law because the plaintiff is precluded from bringing this action pursuant to the firefighter's rule. The plaintiff, Peter Burt, objects to the defendants' motion for summary judgment and argues that the defendants' motion should be denied because this case does not satisfy all of the requirements of the firefighter's rule. Specifically, the plaintiff asserts that the firefighter's rule is inapplicable because the plaintiff was injured on public property at the Noroton Fire Department during a training drill, and not on private property as required by the firefighter's rule.
"The firefighter's rule has well developed roots in the common law." Furstein v. Hill, 218 Conn. 610, 616, 590 A.2d 939 (1991). "The most compelling argument for the continuing validity of the rule is the recognition that firefighters and police officers often enter property at unforeseeable times and may enter unusual parts of the premises under emergency conditions." Id. In Furstein, the Supreme Court concluded that the firefighter's rule applies to "[firefighters] who are injured by defective conditions on private property while the [firefighters] are present upon such property in the performance of their duties." Id., 620.
"No Connecticut Appellate Court has extended the rule to a situation such as that presented in this case in which the injury to the safety officer occurred on public property. The rule has been applied by trial courts to cases in which a safety officer enters upon the land of another in the course of performing his official duties. See, e.g., Grzybowski v. Faraci Manor, Inc., Superior Court, judicial district of Middlesex, Docket No. 65598 (May 28, 1993, Higgins, J.); Whidbee v. Pine Grove Cemetery, Superior Court, judicial district of Waterbury, Docket No. 104783 (February 28, 1992, Langenbach, J., 6 Conn. L. Rptr. 122, 7 CSCR 345); Martin v. Tower, Superior Court, judicial district of Hartford/New Britain at Hartford, Docket No. 349338 (June 28, 1991, Miano, J.)." Castaglioulo v. Hollin, Superior Court, Judicial District of New London at Norwich, Docket No. 109508 (April 4, 1997, Hendel, J.). In Castaglioulo, supra, J. Hendel declined to extend the firefighter's rule to a safety officer's injuries occurring on public property. Id. See also, consolidated cases of Apuzzo v. Kobuta and Popolizio v. Kobuta, Docket Nos. 344031 and 342999 (January 14, 1997, Silbert, J.) ( 18 Conn. L. Rptr. 560).
In the instant case, it is undisputed that the plaintiff was a volunteer firefighter, that he was participating in a training drill as part of a pump operator certification course on the Darien Fire Department property and the course was being run by the Valley Fire Chief's Training School. (Defendant's Answer and Memorandum of Law in Support of Defendant's Motion for Summary Judgment, p. 4.) Thus, at the time of the alleged injury, that the plaintiff was on public property, was invited onto the property as part of a training exercise and not entering at some unforeseeable time under emergency circumstances. The firefighter's rule is thus not applicable to these circumstances and the defendant's motion for summary judgment is denied.
Hiller, J.