Ex Parte Dixon Mills Volunteer Fire Department, Inc., and Louis Cass White. (in Re L.c. Westbrook, Jr., and Kimberly…

Summary

The court granted mandamus relief in part, holding that the volunteer firefighter was immune from the plaintiffs' negligence claims because he acted in good faith within the scope of his volunteer duties and the evidence did not establish willful or wanton misconduct. It denied relief as to the fire department because the Volunteer Service Act expressly permits a nonprofit organization to be held vicariously liable for a volunteer's negligent acts. The trial court was directed to enter summary judgment for the firefighter on the negligence claim.