Harris-Fields v. Syze

In Harris-Fields v. Syze, 461 Mich. 188; 600 N.W.2d 611 (1999), a state trooper was killed by a vehicle driven by the defendant as the trooper stood on the shoulder of a highway near a car that he had stopped for a traffic violation. The plaintiff, as personal representative of the decedent's estate, filed a complaint alleging negligence; however, both the trial court and this Court held that the defendant was entitled to summary disposition on the basis of the fireman's rule. Harris-Fields v. Syze (On Remand), 229 Mich. App. 195; 581 N.W.2d 737 (1998). In reversing in Harris-Fields, the Supreme Court held that, where the allegedly negligent conduct of the defendant did not result in the trooper's presence at the scene of the injury, the fireman's rule does not apply. Harris-Fields, 461 Mich. 188 at 198, 600 N.W.2d 611.