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Anderson v. Amason

Official immunity protected a volunteer firefighter who was involved in a deadly accident with plaintiff's wife while rushing to the scene of a head-on collision in a county rescue vehicle.

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The trial court granted summary judgment to appellee Charles Amason, and partial summary judgment to appellee Barrow County. Appellant Johnny Anderson appeals, contending that the trial court erred both in finding that Amason was not personally liable, and also in granting Amason and Barrow County summary judgment on his claim that they violated Barrow County’s safe driving policy. For the reasons set forth below, we affirm.

Michelle Anderson was killed on the morning of October 22, 1997, when she pulled into the path of a Barrow County rescue vehicle driven by Amason, a captain and volunteer firefighter who was responding to a two-car head-on collision. Johnny Anderson, her husband, filed a complaint against Amason, Edward Hendricks, a volunteer fireman who was riding with Amason, and Barrow County. Count I of the complaint alleged that Amason and Hendricks were negligent in their operation of the rescue vehicle. Count II alleged that Barrow County was liable under the theory of respondeat superior for the acts of Amason and Hendricks, and also for its negligent training and supervision of Amason and Hendricks. Count III sought attorney fees and costs of litigation.

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