Andrew Lawrence v. Joseph Maiorano (2013)

RULING ON MOTION TO STRIKE (# 103)

The court has reviewed the plaintiff's June 26, 2013 complaint in two counts in a light most favorable to the plaintiff to determine whether he has stated a legally sufficient cause of action.   Based upon this examination the court finds that the plaintiff police officer has not sufficiently alleged that his fall and resulting injuries were caused by the wanton or willful conduct of the defendant as required by the firefighter's rule.   See Furstein v. Hill, 218 Conn. 610, 616, 590 A.2d 939 (1991);  Levandoski v. Cone, 267 Conn. 651, 653–54, 841 A.2d 208 (2004).   Pursuant to the firefighter's rule, the landowner owes the police officer only the duty not to injure him willfully or wantonly.   The complaint must therefore be stricken.

SO ORDERED.

BY THE COURT

PETER EMMET WIESE, JUDGE

Wiese, Peter E., J.