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Farmer v. B & G Food Enterprises6/6/2002
ry judgment motion. The trial court's dismissal in the case sub judice should be reversed, and the case remanded for trial under our reasonable person standard that has been in existence for over 100 years.
. The trial court dismissed this case on a Rule 12(b)(6) motion. Based on the adoption of the firefighter's rule, the majority affirms that dismissal. I disagree with the adoption of the firefighter's rule and would reverse the trial court and remand the case for trial pursuant to the proper legal standard, that of a reasonable person in like circumstances.
. Accordingly, I dissent.
EASLEY, J., JOINS THIS OPINION.
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