This section contains the nature of the case and procedural background.

Officers were not in uniform and were in the process of arresting robbery suspects. The decedent apparently thinking that the suspects needed help came out of his house with a gun pointed toward the ground. The decedent was shot by one of the officers. Jury instructions were read that required the 'victims' to be in actual danger in order for the rescue doctrine to apply. The jury found that both parties were negligent and reduced P's recovery according to comparative fault law. P appealed. The court of appeals affirmed.

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