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Pinter v. American Family Mutual Ins. Co.6/30/2000
ON CERTIFICATION FROM THE COURT OF APPEALS
Submitted on Briefs: Oral Argument: May 4, 2000
Source of APPEAL COURT: Circuit COUNTY: Waukesha JUDGE: Patrick L. Snyder
JUSTICES: Concurred: Dissented: ABRAHAMSON, C.J., dissents (opinion filed). BRADLEY, J., joins dissent. Not Participating:
APPEAL from a judgment of the Circuit Court for Waukesha County, Patrick L. Snyder, Judge. Affirmed.
.
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.
. 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.
. 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
. 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, 136, 595 N.W.2d 423 (1999). The facts alleged by Pinter are as follows.
. 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.
. 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.
. 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.
. 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
. 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 Jesmok and Otto's negligence. In his action against the drivers, Pinter seeks compensatory damages for severe and permanent injuries; pain, suffering, and disability; medical bills; and loss of earning capacity. The worker's compensation carrier who compensated Pinter for his injuries is a subr
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