Carol Rogers, as administratrix of the Estate of Susan Bonner v. Cedar Bluff Volunteer Fire Department

Summary

The court affirmed summary judgment for the Town of Cedar Bluff, treating the Cedar Bluff Volunteer Fire Department as a subordinate entity that was not legally separate from the Town. Because the volunteer firefighter was serving an unpaid governmental entity and the Town could share his immunity for negligence, the Town was immune from vicarious liability; the Town also could not be held vicariously liable for the firefighter’s alleged wanton conduct. The court rejected the argument that the Town waived its immunity defense because the defense was asserted before judgment was entered.