Case Name/Case # Wilson Diaz v.
Christopher Ray Shields
Appellant C ounsel/ Area of Law
Paul, D. Royer, Esq. 301-262-7422 Negligence/
Judge/ Jurisdiction
Maureen M. Lamasney Prince George’s County
Issues
The Plaintiff is a Federal Security Officer with police powers granted by statute which extend only to the federal property which he patrols. The Plaintiff pulled his vehicle behind two vehicles parked illegally on federal property in order to investigate the presence of the vehicles. In an attempt to escape, one of the vehicles ran into the officer’s car, injuring his leg. The issue in the case is whether the Fireman’s Rule precludes the Plaintiff from recovering for the injuries to his leg. In the first instance, the Plaintiff argues that he is not a police officer subject to the Fireman’s Rule because of his limited statutory authority which does not extend to protecting the public at large but which only extends to the boundaries of the federal property he was engaged to protect. The second argument raised by the Plaintiff is that his injury was independent of the cause of his presence and therefore should not be precluded by the Fireman’s Rule. In other words, the Plaintiff argues that he was not responding to assist the person whose negligence ultimately harmed him. Instead, the Plaintiff argues that he was responding in order to enforce the law against the person whose negligence led to his injuries and therefore, he should not be covered by the Fireman’s Rule. The Plaintiff notes that the purpose of the rule is to ensure that members of the public can freely call the police for assistance without fear that they will be sued for having embroiled the police in a situation which led to the injury of the officer.
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