|Written by APB Staff|
Under the “professional rescuer” rule, a highway trooper in Utah who was injured while responding to an accident can’t sue the driver at fault, the Utah Supreme Court has ruled.
The trooper was struck by a vehicle while retrieving hazard flares. He was responding to a rollover accident that allegedly resulted from the driver’s negligent driving.
The trooper sued for damages, arguing the driver’s negligence was the proximate cause of his injuries. The driver’s attorney argued that the “professional rescuer” doctrine barred the claim and the court agreed.
“[The plaintiff’s] injuries were within the scope of risks inherent to a highway patrol trooper’s duties and derived from the alleged negligence requiring his presence,” the decision read in part.