97 A.3d 1127
N.H.2014Background
- Camp Cohen hired counselor Michael Feld in 2007 and 2008; pre-employment criminal background checks were clear.
- During early July 2008 Feld exhibited unusual, escalating behavior (mood swings, agitation, mania); other counselors and his father expressed concern and Feld had a psychiatric visit.
- In the pre-dawn hours of July 7, 2008, Feld forced entry into a private residence, fled naked, was pursued by Officer Kathleen Boulter, tackled and strangled her during the arrest, and was later apprehended.
- Boulter sued the camp and Feld alleging negligent hiring, supervision, retention, failure to warn, and also alleged reckless and intentional misconduct by the camp.
- The Superior Court granted summary judgment for the camp, finding Boulter’s negligence claims barred by the statutory codification of the Firefighter’s Rule (RSA 507:8-h) and that the camp’s conduct was not reckless or intentional; the Supreme Court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Applicability of Firefighter’s Rule | Boulter: claims against camp are independent and not barred by the Rule | Camp: Boulter’s injuries arose from the conduct that required her official engagement and are therefore barred | Firefighter’s Rule bars negligence claims because alleged negligence created the occasion for the officer’s presence |
| "Other negligent conduct" exception | Boulter: her claims are independent third-party negligence (Gould) and fall within the exception | Camp: either its conduct caused her presence (barred) or did not (no proximate cause) | Exception inapplicable; facts show alleged negligence created the occasion for engagement, so barred |
| Reckless/wanton/willful-act exception | Boulter: camp’s knowledge of Feld’s instability made its conduct reckless or intentional | Camp: undisputed facts insufficient to show recklessness or intent as a matter of law | Court: no triable issue—camp’s actions not reckless or intentional under governing standards |
| Duty to protect officer | Boulter: camp owed duty to hire/supervise and warn public safety officers | Camp: either no such duty or barred by statute | Court did not reach duty question after resolving statutory bar and exceptions fail |
Key Cases Cited
- England v. Tasker, 129 N.H. 467 (1987) (adopted Firefighter’s Rule; public policy precludes negligence recovery when officer injured by conduct that precipitated official response)
- Gould v. George Brox, Inc., 137 N.H. 85 (1997) (distinguishes injuries caused by the negligence that summoned officer from subsequent independent negligent acts)
- Antosz v. Allain, 163 N.H. 298 (2012) (summary judgment standard and statutory interpretation guidance)
- Thompson v. Forest, 136 N.H. 215 (1992) (intentional tort requires substantial certainty that conduct will cause injury)