Kerrick Bachert Attorney Matt Cook recently obtained a summary judgment on behalf of a local volunteer firefighter that resulted in a published opinion from the Kentucky Court of Appeals. In a matter of first impression in Kentucky, the Court of Appeals held that the volunteer firefighter, who was driving an ambulance to rush a critically ill patient to the hospital in an emergency situation, was entitled to qualified official immunity from suit. The Court held that the actions of the volunteer firefighter in driving the ambulance in an emergency scenario involved discretionary acts which precluded a negligence lawsuit against him for injuries sustained by an EMT that was working in the back of the ambulance who was injured while the ambulance was enroute to the hospital.
A copy of the Court of Appeals’ opinion is available here. The decision will be an important precedent in future cases to protect volunteer service personnel in Kentucky as well as others involved in emergency responses.