Read v. Keyfauver
233 Ariz. 32
| Ariz. Ct. App. | 2013Background
- Read, a on-duty Arizona DPS officer, sustained a permanent knee injury while aiding Keyfauver after a rollover on I-17.
- Read grabbed fire extinguisher and first-aid kit, approached the overturned vehicle, and extracted Keyfauver after instructing her to close her eyes and cover her face.
- Read placed Keyfauver on the ground and provided minor first aid until paramedics arrived; injury occurred during the extraction.
- Read sued Keyfauver for negligence; Keyfauver asserted firefighter’s rule and assumption of risk as defenses.
- The trial court granted Keyfauver summary judgment; Read unsuccessfully moved for a new trial and appealed.
- Arizona law applies the firefighter’s rule to bar on-duty public safety professionals from recovering for injuries caused by a third party’s negligence during a rescue.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does the firefighter’s rule preclude Read’s claim? | Read: on-duty status does not bar when voluntary extraction exceeds duty. | Keyfauver: Read’s on-duty role and duties trigger firefighter’s rule. | Yes, firefighter’s rule precludes Read’s claim. |
| Is Read entitled to an exception as an off-duty volunteer under Espinoza? | Read argues Espinoza’s volunteer exception applies to him. | Keyfauver argues Read remained on-duty and obligated. | No, Read was not acting as a volunteer; on-duty obligation compelled presence. |
| Should assumption of risk be a jury question for the firefighter’s rule? | Assumption of risk is a jury question under the Arizona Constitution. | Espinoza holds the rule is not based on assumption of risk and not a jury question. | Not a jury question; rule is statutory policy-based, not assumption of risk. |
Key Cases Cited
- Espinoza v. Schulenburg, 212 Ariz. 215 (Ariz. 2006) (firefighter’s rule exception; volunteers differ from on-duty responders)
- Orth v. Cole, 191 Ariz. 291 (App. 1998) (non-emergency situations do not trigger the rule)
- White v. City of Phoenix, 220 Ariz. 42 (Ariz. 2008) (expands rule to police officers)
- Garcia v. City of South Tucson, 131 Ariz. 315 (App. 1981) (independent negligence of third party negates rule)