Brown v. Acuity, A Mut. Ins. Co.

Petitioners commenced this action against Defendants - a voluntary firefighter (Firefighter), the fire department of which Firefighter was a member, and their insurers - alleging that Firefighter negligently caused their injuries when he drove his vehicle through a red stop signal and collided in the intersection with a vehicle carrying Petitioners. The circuit court granted summary judgment in favor of Defendants, concluding that Firefighter was subject to public officer immunity and that his acts did not fall within the ministerial duty exception to that immunity. The Supreme Court reversed, holding (1) because Firefighter was within the scope of his employment when the collision occurred, he was within the class of individuals that may be shielded by public officer immunity; but (2) Firefighter was not entitled to that immunity because his acts in proceeding through the red stop signal without an audible signal violated a ministerial duty. Remanded. View "Brown v. Acuity, A Mut. Ins. Co." on Justia Law