Holland

— In this matter, we conclude that the “firefighter’s rule” bars the claim of a privately employed tow truck driver who was injured during the normal discharge of his duties at the scene of a freeway automobile accident.

Plaintiffs James Holland (Holland) and Kathleen Holland, husband and wife (collectively, the Hollands), and plaintiff-in-intervention State Compensation Insurance Fund (the compensation carrier) appeal from a summary judgment entered in favor of several defendants. The defendants are (1) Janet Bacon Crumb (Crumb), (2) Leon Schwartz (Schwartz), (3) the estate of Richard Tufenkian and Madeleine Tufenkian as administrator of the estate of Richard Tufenkian (collectively Tufenkian), and (4) Western Waste Industries and Waste Equipment Leasing (collectively the waste companies). The judgment was entered after the trial court determined the defendants bore no responsibility for the traffic accident in which Holland was injured and granted separate summary judgment motions by the defendants.

Holland, a tow truck driver, was injured when he went to the scene of an accident in which Crumb, Schwartz, and Tufenkian were involved. He later sued the defendants for…