Ethical question/situation about protecting your hand..

[davehwm]

This is crossposted from a non-poker forum and since I don't play much B&M, I asked for permission to post it here. Here is the direct quote:

"You're in late postion at a 10 handed NL hold em table with about $250 in chips and you're dealt pocket jacks. Someone in middle position with about $400 raises, you reraise, the originial raiser says he's going all in and also makes a motion with his hands. The dealer thinks that the person made a folding motion and takes the person's cards and mucks them. Since it was his responsibility to protect his hand, all you have to do is call and you'll automatically win the pot. The other person said he had pocket kings and you weren't going to call anyway.

What do you do?"

OP also said that the floor was called over and it was ruled that it was re-raisers responsibility to protect his hand (Foxwoods).

Couple of questions:

1) Is this the correct floor ruling? Is the hand actually still live for the guy with JJ? (This could be a stupid question, as I said I don't play B&M).

2) Regardless of the answer to question 1), if you're in this situation, do you call and take the guy's money?