Driver of large commercial truck, which struck fire engine that was following police squad car responding to an emergency call filed negligence suit against police officer who was driving squad car and city. Officer and city filed motion for summary judgment. The Circuit Court denied the motion. Officer and city filed petition for writ of mandamus.
The Supreme Court of Alabama held that officer was entitled to statutory and state agent immunity.
Officer was a peace officer who, at time of accident, was performing a function, i.e., responding to an emergency call, that entitled him to statutory immunity, and while officer did not make continuous use of siren in his squad car, but caused it only to “yelp” while continuously making use of his emergency lights, this constituted making use of an audible signal and visual requirements set forth in statute.