Rowland v. Shell Oil Co‪.‬

[179 CalApp3d Page 402] Plaintiffs Guyla Rowland, David Rowland, Sarah Rowland, Linda Griggers, Lee Charles Griggers and Nancy Jean Griggers, the widows and minor children of decedents Richard Rowland and Porter Griggers, appeal from a summary judgment in favor of defendants Shell Oil Company, American Transfer Company and Westoil Terminals. They contend: ""A. Where the conduct which results in injury is independent from the conduct which necessitated the fireman's presence at the scene, the fireman's rule does not apply. B. Because decedents did not knowingly and voluntarily confront the hazard that caused their deaths, the fireman's rule does not apply. C. Where a fireman's injuries are caused by conduct within the ambit of Civil Code ? 1714.9, the fireman's rule does not apply. D. It is a question of fact whether [plaintiffs'] delayed discovery of all facts essential to their cause of action was justifiable and reasonable so as to prevent the running of the statute of limitations.""