John Berko, Plaintiff-Appellant v. Ralph Freda, Defendant-Respondent, and Paul Harrigan, Defendant

Summary

The Supreme Court of New Jersey affirmed summary judgment for the defendant, holding that the fireman's rule extends to police officers and bars recovery for injuries caused by a defendant's ordinary negligence that creates the occasion for the officer's presence. The Court rejected the plaintiff's arguments that the rule is outdated, rests on assumption of risk, or should not apply to police.