Ex Parte David Labbe v. W. Alan…

Summary

The court granted the City's mandamus petition and directed the trial court to enter summary judgment for the City and its mayor in his official capacity. It held that the fire department remained a volunteer fire department despite the City's contract and funding, that the Volunteer Service Act immunized its firefighters from negligence liability, and that the City therefore could not be held vicariously liable for their negligent acts. The City was also immune from claims based on wanton or intentional conduct, and the official-capacity claims against the mayor were treated as claims against the City. Justice Murdock, concurring specially, agreed with the result while emphasizing that the municipality had not undertaken a legally enforceable duty to provide skillful fire protection.