Gabriel v. Bauman
Annotate this CaseWhile responding to an emergency, Tim Bauman, a volunteer firefighter for the Chester Fire Department, activated his hazard lights and sped toward the fire station. While crossing an intersection, Bauman’s vehicle collided with a vehicle driven by Areyman Gabriel. Both Gabriel and his passenger were injured. Gabriel sued Bauman and Chester Fire, alleging that Bauman’s conduct was willful, wanton, and reckless and that Chester Fire negligently trained Bauman and inadequately equipped Bauman’s vehicle. The circuit court granted summary judgment for the defendants. The Supreme Court affirmed in part, reversed in part, and remanded, holding (1) the circuit court did not err when it used the Supreme Court’s definition of “willful and wanton misconduct” from South Dakota’s repealed guest statute to rule as a matter of law that Bauman did not act willfully, wantonly, or recklessly; (2) the circuit court properly granted summary judgment for Bauman; and (3) the circuit court erred when it granted summary judgment to Chester Fire on Gabriel’s negligent training and equipment claims based on the immunity in S.D. Codified Laws 20-9-4.1.
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