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Espinoza v. Schulenburg3/10/2005
While off-duty, Appellant Elizabeth Espinoza, a Phoenix firefighter and emergency medical technician, stopped to render assistance at the scene of an accident involving Appellees John and Debra Schulenburg and their daughter, Carrington. Espinoza was injured at the scene by another driver and later instituted this action, which included the Schulenburgs as defendants under the rescue doctrine. However, the trial court held that the fireman's rule precluded Espinoza from attempting to impose liability on the Schulenburgs and dismissed them as defendants.
In this opinion, we reiterate and enforce the principle that in Arizona, the fireman's rule as an exception to the rule of liability reflected in the rescue doctrine is to be applied narrowly. Because we find that the trial court's application of the rule violates this principle, we reverse the trial court's judgment. In so doing, we hold that the fireman's rule will not bar an off-duty firefighter or law enforcement agent from seeking recovery for injuries sustained while undertaking a rescue or rendering aid, if the professional is acting truly as a volunteer and is not under an employment mandate to respond when off-duty.
BACKGROUND
On February 10, 2002, Carrington Schulenburg was driving on State Route 101 with her parents, John and Debra Schulenburg, as passengers when they were involved in an automobile collision. Espinoza, a Phoenix firefighter/EMT was driving home with her nine-year-old daughter when she came upon the scene. Espinoza's normal duties as a firefighter/EMT included driving a fire truck, providing medical assistance at fires or accident scenes, and attaching fire hoses. Espinoza stopped and offered her assistance to a Department of Public Safety officer who was already present. At the direction of the officer, Espinoza attended to the Schulenburgs. She inquired of the Schulenburgs if they were in need of medical attention and then instructed them to move away from their vehicle.
The Schulenburg vehicle had come to rest partly on the left side shoulder and partly in the left through lane. Espinoza leaned into the vehicle to activate its emergency flashers, and as she did so, a vehicle driven by Casey John Barnett struck the rear of the vehicle. Espinoza sustained a broken hip, broken wrist, torn knee ligaments, a broken finger, and other injuries. She applied for and received workers' compensation benefits.
Espinoza filed suit against the Schulenburgs, Barnett, and DPS for negligence. Espinoza alleged that Carrington Schulenburg's negligence in causing the initial collision was a direct and proximate cause of her injuries because it resulted in Espinoza's stopping at the scene to render assistance. John and Debra Schulenburg were included on a theory of negligent entrustment, Espinoza asserting that they permitted their daughter to drive knowing that she was not properly licensed.
The Schulenburgs moved for summary judgment arguing that the fireman's rule precludes a firefighter or police officer who is injured while providing professional services from suing the person whose negligence made necessary the rendering of those services.
Espinoza filed a cross-motion arguing that the rule should not apply to her because she was off-duty when she rendered assistance and encountered a greater risk of injury than she would have had she been on-duty.
The trial court found Espinoza's claim barred by the fireman's rule and dismissed all claims against the Schulenburgs. The court entered judgment accordingly, including appropriate finality language pursuant to Rule 54(b), Arizona Rules of Civil Procedure, and Espinoza timely appe
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