The Alabama Supreme Court has ruled that the Town of Cedar Bluff is immune from liability for the alleged acts or omissions of its volunteer firefighters under Alabama’s Volunteer Service Act. The decision stems from a 2017 vehicle accident that claimed the life of Susan Bonner.

The facts as explained by the Alabama Supreme Court are as follows:

• On June 6, 2017, Bonner was driving on County Road 45 in Cherokee County when her vehicle left the roadway and ended up submerged in a creek.
• After Bonner was rescued by passing motorists, a bystander who also happened to be a volunteer firefighter with the McCord’s Crossroads Volunteer Fire Department began performing cardiopulmonary resuscitation on Bonner.
• At some point thereafter, Cherokee County Emergency Medical Services was notified of the accident, and paramedics were dispatched to the scene.
• Guice was nearby, allegedly on a personal errand, and heard the call about the accident on a radio issued to him by the CBVFD.
• Even though the scene was not within the CBVFD’s service area and even though the CBVFD had not dispatched him to the scene, Guice decided to go to the scene to see if he could assist the paramedics.
• After Guice arrived, the bystander who had been performing CPR on Bonner asked Guice to take over, but Guice declined. Instead, he advised that all resuscitative efforts should cease and stated over his CBVFD-issued radio that a death had occurred at the scene.
• Guice then allegedly entered the water to help other bystanders search for a possible second victim in Bonner’s submerged vehicle.
• Five minutes after the bystander ceased performing CPR on Bonner, Cherokee County EMS paramedics arrived at the scene. They examined Bonner and found that she was warm to the touch, had a pulse, and had responsive pupils.
• As a result, the paramedics performed CPR on her until she experienced a return of spontaneous circulation.
• Bonner was transported to the hospital for further treatment but died two days later as a result of anoxic encephalopathy.

Bonner’s estate sued Guice, the CBVFD, the Town of Cedar Bluff, and the Cherokee County Association of Volunteer Fire Departments, alleging wrongful death. The trial court dismissed the claims against the Association, CBVFD, and Cedar Bluff. Paradoxically, it entered a $100,000 consent judgment against Guice for negligence, with the express condition that Guice’s conduct was not wanton, despite Alabama’s Volunteer Service Act that provides immunity protection for volunteers.

The key issue on appeal was whether the Town of Cedar Bluff, through the CBVFD, could be held vicariously liable for Guice’s negligence, or whether it could benefit from vicarious immunity protection under the VSA.

The Supreme Court initially addressed whether the CBVFD was a separate nonprofit organization, as the plaintiff argued, or a subordinate entity of the Town. The Court found that the CBVFD was not separately incorporated and operated as part of the Town, citing factors such as partial funding from the Town and direct reporting by the fire chief to the mayor.

The Court then considered the applicability of Alabama’s Volunteer Service Act, Ala. Code § 6-5-336. The VSA provides immunity to volunteers acting in good faith within the scope of their duties for a governmental entity, unless their conduct is willful or wanton. The Court reaffirmed its prior holding in Hollis v. City of Brighton, 885 So. 2d 135 (Ala. 2004), that municipalities are vicariously immune when their volunteer firefighters are immune under the VSA, and that cities cannot be held liable for wanton conduct of volunteer firefighters.

The Court rejected the plaintiff’s argument that the Town had waived the immunity defense, finding that it had asserted immunity both generally and specifically before judgment. It also rejected the argument that Guice’s actions created a factual dispute over immunity. Even if Guice’s conduct could be considered wanton, the Court explained, municipalities cannot be liable for wanton conduct of volunteer firefighters under Alabama law.

The Alabama Supreme Court affirmed the trial court’s judgment, holding that the Town of Cedar Bluff is immune from liability for the alleged acts or omissions of its volunteer firefighter under the Volunteer Service Act and related precedents.

Here is a copy of the decision.