Flood v. Klecknersville Rangers Volunteer Fire Company, et al
Commonwealth Court of Pennsylvania, No. 573 C.D. 2007
Decided October 2, 2007

TT&H attorneys successfully obtained summary judgment order for the Defendant volunteer fire company, and its employees, on the basis that the volunteer fire company is a local agency pursuant to the Political Subdivision Tort Claims Act (PSTCA), and therefore, entitled to immunity. The Commonwealth Court affirmed on appeal.

Facts/Background: Appellants dialed 911 when Defendant, who was 37 weeks pregnant, had vaginal bleeding. Appellee first responders from Klecknersville Rangers Volunteer Fire Company (Klecknersville) responded and transported Defendant to the hospital where an emergency caesarian section was performed and the baby was born. It was determined that Defendant had a placental abruption which caused extensive brain damage to the baby. The Appellants filed suit against Klecknersville and its first responders, which included an EMT and a certified pre-hospital registered nurse, claiming they failed to properly diagnose and treat Defendant which increased the risk of harm to the baby. Appellees were successful in obtaining summary judgment based on Klecknersville, a volunteer fire company, being a “local agency”, and thus, it and its employees, were entitled to immunity pursuant to the PSTCA, 42 Pa. C.S. §§ 8541-8546. The Defendants appealed to the Commonwealth Court. After briefing and oral argument, the Commonwealth Court affirmed.

Reasoning/Holding: On appeal, the Commonwealth Court rejected Appellants’ argument that the Pennsylvania Supreme Court cases Sphere Drake v. Philadelphia Gas Works, 782 A.2d 510 (Pa. 2001) and Christy v. Cranberry Volunteer Ambulance Corps., 856 A.2d 43 (Pa. 2004), stand for the proposition that a volunteer fire company is no longer entitled to immunity even if it is created pursuant to relevant law and recognized as the official fire company for a political subdivision. See Guinn v. Alburtis Fire Co., 614 A.2d 218 (Pa. 1992). The Commonwealth Court explained that the cases of Sphere Drake and Christy dealt only with the issue of whether an entity that had not traditionally provided a government function could be considered a “local agency” for purposes of immunity pursuant to the PSTCA. The Supreme Court in Sphere Drake and Christy found only that a nontraditional entity could be considered a “local agency” if certain criteria are present. However, as explained by the Commonwealth Court, these cases did not abrogate the test set forth in Guinn for determining whether a volunteer fire company is a “local agency” entitled to immunity pursuant to the PSTCA.

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