## Facts

- James R. Levandoski, an East Lyme police officer, was injured while pursuing Douglas Cone across private property in the course of duty.
- Levandoski alleged Cone’s negligent conduct caused the injuries on that property.
- Cone was neither the owner nor the person in control of the premises where the injury occurred.
- The Town of East Lyme intervened to recover workers’ compensation payments, later settled its lien, and withdrew.
- After a jury verdict for Levandoski, the trial court denied Cone’s postverdict motions, declined to reduce the verdict by the workers’ compensation lien, and awarded prejudgment interest.

## Issues

1. Whether the common-law firefighter’s rule bars an on-duty police officer’s ordinary negligence claim against a tortfeasor who is not an owner or person in control of the premises where the injury occurred.
2. Whether the evidence was sufficient to establish proximate cause.
3. Whether prejudgment interest was properly awarded and whether the verdict should have been reduced by the amount of the workers’ compensation lien.

## Decision

- The Connecticut Supreme Court affirmed the judgment for Levandoski.
- The court held the firefighter’s rule does not bar an officer’s ordinary negligence claim against a non-landowner/non-possessor tortfeasor.
- The court rejected Cone’s remaining claims challenging proximate cause and the award of prejudgment interest (and related refusal to reduce the verdict by the workers’ compensation lien).

## Legal Principles

- Under the common-law firefighter’s rule, a firefighter or police officer entering private property in the line of duty is treated as a licensee as to the landowner/possessor, who generally owes only a duty to refrain from wilful or wanton injury.
- The firefighter’s rule is confined to premises-liability doctrines tied to land ownership or control and is not a general immunity for third-party tortfeasors.
- A non-owner/non-possessor defendant may be liable in ordinary negligence to an on-duty police officer when the defendant’s independent negligent conduct causes the officer’s injury, even if the injury occurs on private property.

## Conclusion

The court refused to extend the firefighter’s rule beyond premises-liability claims against those who own or control land, and it allowed an on-duty police officer to recover on an ordinary negligence theory from a non-landowner tortfeasor whose conduct caused the officer’s injury.


Levandoski v. Cone, 841 A.2d 208 (Conn. 2004)