In the Matter of the Certification of a Question of Law from the United States District Court, District of South Dakota, Southern Division, Pursuant to the Provisions of SDCL 15-24A-1, and Concerning Federal Action Civ. 07-4163, Titled as Follows: Mandi Leigh Gronseth v. Chester Rural Fire Protection District and Chester Fire Department, 2010 SD 16

Summary

The Supreme Court of South Dakota answered a certified question concerning whether a volunteer firefighter driving his personal vehicle to a fire hall in response to an emergency call was rendering emergency care or services under SDCL 20-9-4.1. The court held that the Good Samaritan statute applied to the driving, precluding liability absent willful, wanton, or reckless conduct.

Holdings

1. A volunteer firefighter driving a personal vehicle to the fire hall in response to an emergency fire call is rendering emergency care or services during an emergency within the meaning of SDCL 20-9-4.1.
2. The statute shields the rescuer from any civil damages arising from covered emergency care or services, not merely damages suffered by the person receiving the emergency aid, subject to the statutory exclusion for willful, wanton, or reckless conduct.

Questions Presented

1. Whether a volunteer firefighter driving his personal vehicle to the fire hall in response to an emergency fire call is rendering emergency care or services during an emergency under SDCL 20-9-4.1.
2. Whether the statute's motor-vehicle immunity applies to civil damages suffered by an injured third-party passenger, subject to the statutory exception for willful, wanton, or reckless conduct.

Disposition

other