NH Supreme Court rules in favor of firefighter
February 24, 2012
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CONCORD, N.H.—The New Hampshire Supreme Court has reversed a judge's ruling that said a volunteer firefighter couldn't pursue a lawsuit against a homeowner after he fell and hurt himself on her icy driveway.
The court, in a unanimous decision Friday, sent the case back to superior court.
Jason Antosz, a volunteer firefighter with the Epping Fire Department, responded to a fire at Doree Allain's home in January 2008. He slipped and fell on her driveway. He and his wife sued Allain, saying it was unsafe. Allain argued that state law regarding firefighters' on-the-job injuries barred him from suing. The judge found in her favor.
The court disagreed, noting that the plain language of the law permits Antosz to pursue the claim.
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