Vasquez

Plaintiff Kenneth Vasquez brought this action against Defendants Metropolitan Transit Development Board (Board), North County Transit District, San Diego Northern Railroad Company, and Amtrak to recover damages for personal injury. 1 Vasquez, a police officer, was hurt while working when a railroad crossing-gate arm broke and struck him on the head. The City of San Diego (City), which covered the resulting workers’ compensation claim, intervened to recover benefits paid to Vasquez.

The district court granted summary judgment in favor of Defendants on the ground that the “firefighter’s rule” prevented Vasquez and the City from recovering damages. That doctrine generally bars firefighters and police officers from suing those whose negligence caused or contributed to a fire or dangerous condition that, in turn, caused the firefighter’s or officer’s injury or death.

However, the district court had denied two motions in which the Board sought to dispose of the City’s claim. First, the Board argued that the City’s claim arose under California workers’ compensation law and, therefore, could not be removed to federal court. 28 U.S.C. § 1445 (c). The district court disagreed, ruling that…