Surviving family members sued city, alleging negligent and/or wanton hiring, training, or supervision of individual firefighters who allegedly failed to recover all of decedent’s remains from fire scene. City moved for summary judgment. The Circuit Court denied motion. City filed petition for writ of mandamus.
The Supreme Court of Alabama held that:
- Volunteer fire department did not become professional fire department not entitled to immunity by fact that city donated money to it;
- City could not be vicariously liable for firefighters’ alleged negligence; and
- City could not be liable for wanton or intentional conduct.