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

Summary

The Supreme Court of New Jersey affirmed the dismissal of the plaintiff police officer’s negligence claim against the car owner, holding that the fireman’s rule extends to police officers and bars recovery for injuries caused by ordinary negligence that creates the occasion for the officer’s presence. The Court rejected the plaintiff’s policy arguments and applied the rule as a matter of public policy.