Norfolk Southern Railway Co. v. Johnson

The Supreme Court reversed the decision of the Court of Appeals reversing the circuit court’s grant of a directed verdict in favor of Norfolk Southern Railway Company on Appellant’s complaint alleging negligence, holding that the circuit court correctly ruled that the common-law Firefighter’s Rule barred Appellant’s claim.

Appellant, a patrol officer with the Danville Police Department, fell down an embankment and was injured while pursuing a suspect on foot. Appellant filed suit against Norfolk Southern, asserting that the embankment was a dangerous condition on the company’s premises and that the company was liable to her for the fall. The circuit court granted Norfolk Southern’s motion for a directed verdict, determining that Appellant’s claim was barred by the Firefighter’s Rule. The Court of Appeals reversed, concluding that the case did not satisfy the three factors under the rule. The Supreme Court reversed and reinstated the circuit court’s directed verdict, holding that Appellant met the three prongs of the Firefighter’s Rule and may therefore not recover from Norfolk Southern.