Stevenson v. Capital Fire Mutual Aid System, Inc.

Plaintiffs appeal from the trial court’s order granting dismissal for three defendants: Capital Fire Mutual Aid System, Worcester Volunteer Fire Department, and East Montpelier Volunteer Fire Department. The court found that 20 VS.A. § 2990 afforded immunity to defendants for negligence in failing to respond reasonably for the purpose of extinguishing a fire at the Stevenson house in Calais, and that the immunity was not waived by the defendants’ purchase of liability insurance. 29 VS.A. § 1403. On appeal, plaintiffs assert two claims: (1) the trial court improperly granted immunity by…