Poppenheimer v. The Estate of Coyle,
Annotate this CaseThis interlocutory appeal came before the Supreme Court from the denial of a motion to dismiss or, alternatively, motion for summary judgment. The issue was whether George Poppenheimer, a volunteer firefighter, was immune under the Mississippi Tort Claims Act (MTCA) for claims arising from an automobile accident. The county court found that a volunteer fire department is not a government entity for purposes of the MTCA and denied Poppenheimer's motion. Aggrieved, Poppenheimer appealed, raising two issues: (1) whether the Bridgetown Volunteer Fire Department (BVFD) and its employees receive protection under the MTCA; and (2) whether the county court erred by denying his motion to dismiss or, in the alternative, for summary judgment. The Supreme Court found that the BVFD is not a governmental entity or instrumentality of the state, but an independent contractor. Also, as a volunteer firefighter, Poppenheimer is not immune from suit arising out of alleged automobile negligence. Thus, the Court affirmed the county court's denial of Poppenheimer's motions.
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