Torts — governmental immunity

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Wisconsin Court of Appeals

Civil

Torts — governmental immunity

A volunteer firefighter who runs a red light on the way to respond to a call is entitled to governmental immunity.

“Unlike the usual employer-employee relationship that we find in many respondeat superior cases, Burditt’s relationship with the OFD is nontraditional. When an emergency arises, the OFD calls on volunteers like Burditt, who are expected to respond, if possible, from wherever they are currently located. Although Burditt chooses the mode of transportation and the route he will take once a call comes in, it is the OFD that decides when a call goes out and to whom. Furthermore, once volunteers choose to respond to a call, they must obey the orders of their commanding officers. Thus, volunteer firefighters are actuated by a purpose to serve the fire department from the moment they choose to respond to an emergency call. Because of that, they are operating within the scope of their employment for the purposes of WIS. STAT. § 893.80(4) immunity.”

Affirmed.

Recommended for publication in the official reports.

2011AP583 Brown v. Acuity

Dist. II, Waukesha County, Hassin, J., Brown, J.

Attorneys: For Appellant: Prachthauser, Don, Milwaukee; Stachowiak, Keith R., Milwaukee; For Respondent: Grady, Lance S., Waukesha; Miller, Daniel K., Waukesha